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19 Edinburgh L. Rev. 1 (2015)

handle is hein.journals/edinlr19 and id is 1 raw text is: The Edinburgh Law Review 19.1 (2015): 1-35 Edinburgh University Press DOI: 10.3366/elr.2015.0249 © Edinburgh Law Review Trust and the Contributors www.euppublishing.com/journal/elr The Roman and Civilian origins of the conditio si testator sine iberis decesserit in Scots Law Roderick R M Paisley* (1) (2) D. INTRODUCTION THE TESTATOR'S AFTERBORN CHILDREN Express provision Legally implied provision INCREASINGLY CONFUSED RECOGNITION OF THE CIVILIAN INHERITANCE The Civilian Rules Exheredatio and the querela testamenti inofficiosi SCOTTISH ADOPTION OF THE RULE -THE FIRST STAGE (1) Stair (2) Seventee (3) Bankton (4) Erskine (5) Kames (6) (7) (8) nth century case law Eighteenth century case law Bell Nineteenth and twentieth century case law Professor of Scots Law, University of Aberdeen. This article is dedicated to the memory of Michael C Meston, Professor of Scots Law, University of Aberdeen, and William M Gordon, Professor of Civil Law, University of Glasgow. Both were Latin scholars at Robert Gordon's College in Aberdeen who later were to write incisively on the co, ditio si testator sine liberis decesserit. If the present author has seen further, it is clearly by virtue of learning from what has already been written. For most useful comments on and assistance with earlier drafts, the writer thanks Sheriff Douglas Cusine, Professors John Ford, George Gretton, Kenneth Reid, and Marius de Waal, Dr John Stannard, Bruce Merchant OBE and an anonymous referee. The faults remain those of the writer. For assistance in access to Session Papers, the author thanks Denis Garrity, advocate.