Representation – An eldest son of a marriage is retoured legitimus et propinquior baeres to his father cum beneficio inventarii. In the inventory he gives up not only the lands settled upon him in his mother’s contract of marriage, but also certain other lands; and afterwards brings a reduction of the provisions in a second contract of marriage, alleging, that he was only heir of provision in virtue of his mother’s contract of marriage, and as such might still quarrel his father’s deeds, the narrative of the retour designing him heir procreated between a certain man and woman; it is found, that he was served heir of lint to his father, and as such could not quarrel any of his father’s deeds.
[1719] UKHL Robertson – 221, (1719) Robertson 221
Bailii
Scotland
Trusts
Updated: 04 January 2022; Ref: scu.553531