Scottish Court of Session Decisions

Subject_1 PRESUMPTION.
Subject_2 DIVISION I.

Presumed Alteration and Revocation.

Handyside
v.
Handyside

Date: 7 February 1699
Case No. No 14.

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In the action lsobel Handyside, relict of Robert Wilson feuar in Kelso, against Mr Andrew Handyside writer in Edinburgh, among sundry other points decided, the Lords found a bond granted by a man to his wife for a sum, bearing it was borrowed money, was not null, though the narrative be false in law, seeing she had no money but what was his already jure mariti, but that it ought to subsist as a donation from the husband to her, and that the general disposition made by him to the said Mr Andrew after his bond, was no sufficient revocation of it, because obligements and special legacies require a special revocation to take them away, and so it was neither extinct confusione, nor by any revocation.

Fol. Dic. v. 4. p. 132. Fountainhall, v. 2. p. 41.