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Nicolson having assigned his wife's claim of legitim against her father's estate, as belonging to him jure mariti , to Lachlan Mackintosh and John Nicolson, an action was brought by them to enforce it. The summons concluded, that as there had been no discharge of the legitim by Mrs Nicolson, the free moveable estate, at her father's death, suffered a bipartite division, of which one-half was the amount of the legitim.
Against this action defences were lodged by Macalister's trustees, and a record having been made up, the Lord Ordinary ordered cases.
The Lord Ordinary, (14th May 1839,) made avisandum with the cause to the Court .
I also differ a little as to the L.1000. I think it must be viewed more as a debt or tocher,—not excluding legitim, since the legitim was not discharged. The daughter having been found entitled to it by the judgment of the Court, as in consequence of a promise on the part of Mr Macalister, I think it is a debt to be taken off the whole head of executry.
Lord Justice-Clerk .—My Lord Glenlee, What does your Lordship think as to the nature of the Penang money?
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