Scottish Court of Session Decisions

Subject_1 DEATH-BED.
Subject_2 SECT. XIII.

Apparent Heir's Consent.

Gray
v.
Gray

Date: 16 July 1672
Case No. No 105.

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A man, upon death-bed, disponed his estate to his daughter, (apparent heir) and her husband, in conjunct fee, whom failing, to her husband's heir. The daughter and her husband bruiked the subject several years, and never reclaimed, or raised any process against this death-bed deed; yet this possession of the apparent heir being under the influence of her husband, was not found an homologation to debar a posterior apparent heir from quarrelling the same.

Fol. Dic. v. 1. p. 219.

*** See This case Sect. 3. h. t. No 16. p. 3196.