Scottish Court of Session Decisions

Subject_1 DEATH-BED.
Subject_2 SECT. VIII.

Whether a Death-bed Deed will infer recognition against the Heir. - Blank filled up on Death-bed. - Nomination of Tutors.

Pennycook
v.
Thomson

Date: 18 January 1687
Case No. No 59.

Found as above.

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The reduction pursued by James Pennycook, as assignee by Adam Scot, against Janet Thomson, of her disposition from Adam Scot ex capite lecti, is advised. Alleged, 1mo, Adam Scot passed by his son for his horrid ingratitude, in following him with a whinger to stab him ; which is exhæredatio cum elogio. 2do, Though it was signed blank, and not filled up with her name till he was on death-bed; yet the witnesses deponed, that at the signing (when he was in liege poustie) he declared that disposition was for Janet Thomson; so it was all one as if it had depended on an anterior onerous cause; but the Lords reduced it, and did not regard this, because he might alter his purpose and resolution.

Fol. Dic. v. 1. p. 217. Fountainhall, v. 1. p. 441. *** Harcarse reports the same case:

Found that the filling up of one Thomson's name on death-bed in a disposition, signed by Adam Scot in favours of ——— in liege poustie, was quarrellable ex capite lecti, at the instance of the granter's heir; though it was alleged, that at the time of subscribing, the disponer declared he intended the disposition in favours of the person whose name was therein filled up in the blank; and that this was equivalent to a reservation to do it in lecto.

Harcarse, (Lectus Ægritudinis.) No 658. p. 184.