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Scottish Court of Session Decisions >>
Smiths v Lady Ninewells. [1686] Mor 16697 (8 December 1686)
URL: http://www.bailii.org/scot/cases/ScotCS/1686/Mor3816697-106.html
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In a reduction of a disposition, as done on death-bed to the prejudice of the heir, one of the witnesses adduced by the defender, to prove that the defunct came to kirk and market, being objected against, That his mother had a legacy or debt left her by the defunct, and so be was concerned to depone for supporting the disposition, because, though the legacy was payable out of the moveables, yet they being aliunde exhausted, she must get payment out of the lands; the Lords first declared, That they would only admit him cum notæ; but thereafter they simpliciter rejected him.
