Scottish Court of Session Decisions

Subject_1 PRESUMPTION.
Subject_2 DIVISION III.

Donatio non præsumitur.
Subject_3 SECT. VII.

Where the cause of granting is expressed, that must be the rule.

Wemyss and White
v.
Murray

Date: 24 July 1706
Case No. No 169

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A person having given a disposition mortis causa of her wearing clothes to her aunt (who was also her creditor) that had attended her during her sickness, and at the bearing of her children; the Lords found, that this was not to be considered as payment or satisfaction, but as a mere donative.

Fol. Dic. v. 2. p. 148. Forbes.

*** This case is No 42. p. 912. voce Bankrupt.