Hugh Murray, Kinnynmound, Trustee of The Late Sir James Rochead; and James Dalrymple, and David Kinloch v Sir Francis Kinloch; Sir James Dalrymple, Et Alii: HL 29 Mar 1739

Death-bed. – Mutual contract.- Whether a renunciation by an apparent heir of his right to challenge ex capite lecti, granted to the ancestor while he was in liege poustie, be binding?
Whether such a renunciation granted by two of four apparent heirs be binding on them, the other two not having acceded to the obligation, and the party obtaining it being thus prevented from fulfilling his part of the conditions of the contract?

[1739] UKHL 1 – Paton – 245, (1739) 1 Paton 245
Bailii
England and Wales

Scotland

Updated: 06 January 2022; Ref: scu.554828