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Scottish Court of Session Decisions >>
Justice v His Father's Disponees. [1737] Mor 8166 (10 November 1737)
URL: http://www.bailii.org/scot/cases/ScotCS/1737/Mor2008166-006.html Cite as:
[1737] Mor 8166
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A man who had only one son who succeeded to him in his land estate, and no other children, made a disposition of his moveables mortis causa to certain trustees for the behoof of his grand-children, which, after his death, being quarrelled by his son, as in prejudice of his legitim, the Lords “found the pursuer entitled to a legitim, and reduced the disposition in so far as it was prejudicial thereto.”
The heir is no less entitled to a legitim than the other children, though, if he insist on it, he must collate; and if he was not de jure entitled to it, he could no more claim a share of the moveables upon collating, than the younger children can claim the heritage upon collating. It is also triti juris, that though there be but one child who is heir, and a relict, the testament is tripartite as well as where there are more children; but if the heir were not de jure entitled to a legitim, it should be only bipartite. But why then should not he have been obliged to collate the heritage with the disponees? For this reason, that the right to demand collation is a privilege personal and peculiar to the executor at law, and to no other.
