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Penniland and his Spouse v Thomas Wylie Treasurer of the College of Edinburgh. [1683] Mor 8060 (#date March 1683)
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[1683] Mor 8060
Penniland and his Spouse v. Thomas Wylie Treasurer of the College of Edinburgh
1683.
March. Case No. No 16.
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Found, that in the case of two special legacies of a defunct's whole estate, the failing of a part of one by its being heritable, did not diminish the other special legacy; though some contended, That such an inlake would be made up out of a general legacy, or out of the unlegated part of executry tanquam legatum rei alienæ. But thereafter the point was waved, in respect the last right was burdened with the other.