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George Hamilton, An Infant, and William Hamilton of Grange, His Father, Tutor and Administrator In Law v Captain George Boswell, Brother To David Boswell of Balmutto Deceased: HL 10 Feb 1718

Representation – A disposition is made by a person to one of his daughters, and the heirs of her body, whom failing to-, his heirs and assignees: upon this disposition the daughter is infeft, and dying without issue, her sister is served tanquam legitima et propinquior haeres to the father and her: it is found that the service ought to have been as heir of provision.
Curtesy – An heiress’s infeftment, reduced after her death for informality, but not quarrelled in her lifetime, is sufficient to support the curtesy.

[1718] UKHL Robertson – 192, (1718) Robertson 192
Bailii
Scotland

Trusts

Updated: 04 January 2022; Ref: scu.553506

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