Scottish Court of Session Decisions

Subject_1 INTERDICTION.
Subject_2 SECT. VI.

Reduction on the head of Interdiction, to whom competent.

Tenants
v.
Spreul

Date: 27 December 1725
Case No. No 46.

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John Tenant having granted a voluntary bond of interdiction to Robert Spreul, his eldest sister's son, who was also writer thereof, and having thereafter made a revocable settlement of his estate, failing heirs of his body, to the said Robert Spreul interdictor; in a reduction of that disposition, at the instance of the interdicted person's younger sisters, after his decease, the Lords found, that Spreul being the writer of the interdiction, and keeping it in his custody, could not accept of the disposition in question; although it was pleaded that interdiction hinders not a man to do rational deeds; and here the disposition was of a small subject to an eldest sister's son, to prevent its mouldering to pieces among heirs-portioners, which was rational and prudent; in respect, it was answered, that interdiction operates in favour of heirs; so that it is sufficient to found upon this head, that the interdicted person himself, or his heir, is lesed. See Appendix.

Fol. Dic. v. 1. p. 481.