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French, &c. v The Countess of Wemyss. [1694] 4 Brn 163 (23 February 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040163-0376.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
French, &c v. The Countess of Wemyss
Date: 23 February 1694
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Alleged,—You have not proven your husband's death. Answered,—He went to the West Indies nine years ago, and there is no word from him, but all the relations from thence bear that he is dead.
The Lords found this sufficient, if proven, where the subject matter was executry; because there they found caution in the confirmed testament, to make forthcoming to all parties having interest.
