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URL: http://www.bailii.org/scot/cases/ScotCS/1639/Mor2912501-368.html
Cite as: [1639] Mor 12501

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[1639] Mor 12501      
Subject_1 PROOF.
Subject_2 DIVISION III.

Public Instrument, how far Probative.
Subject_3 SECT. II.

Notary's Instrument.

Dundass
 v.
His Father's Executors

Date: 31 January 1639
Case No. No 368.

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A certificate signed by a minister, bearing, that the testator left a particular legacy, above 100 Scots, to a person named in the certificate, found a sufficient evidence of the legacy, though not signed by the testator, nor by the minister in his name, but only as a certificate of a fact, drawn out in the shape of a notorial instrument; and this, notwithstanding the testator had formerly made his testament, without mention of any such legacy.

 Fol. Dic. v. 2. p. 243. Durie.

*** This case is No 38. p. 2195. voce Citation.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1639/Mor2912501-368.html