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Latin. On the ground of death-bed. All deeds disposing of heritage to the prejudice of the heir-at-law, executed within sixty days of his death, and while the granter is laboring under the disease of which he dies, are reducible on the ground of death-bed. But if the granter survive for sixty days after the granting of the deed, or attend at kirk or market, the plea of death-bed is elided. If the deed be onerous, it may still be reduced, but in that case the heir must reimburse the consideration paid. This plea is only competent to the heir, and only competent to him where he has an interest; so that if the reduction of the deed granted on deathbed has the effect of reviving a former deed which excludes the heir, he has no interest, and therefore cannot pursue the reduction. The donatory of the Crown can reduce any deed prejudicial to his interest on this ground, because he represents the Sovereign, who is ultimus hœres. It must be remembered, that any deed, to fall under the provisions of the law of deathbed, must have been strictly voluntary, and such as the deceased could not have been ...

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