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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Hay v Cuthbert of Castlehill. [1741] 1 Elchies 241 (17 February 1741) URL: http://www.bailii.org/scot/cases/ScotCS/1741/Elchies010241-008.html Cite as: [1741] 1 Elchies 241 |
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[1741] 1 Elchies 241
Subject_1 LEGACY.
Hay
v.
Cuthbert of Castlehill
1741 ,Feb. 17 .
Case No.No. 8.
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Find the heir not passive liable, (for they thought it indeed only a legacy,) but found that the defender, the heir, having taken up the subjects in the second deed 1732, he must account for and apply the surplus of the subjects, if any be, after paying debts, for payment of the children's provisions.
The electronic version of the text was provided by the Scottish Council of Law Reporting