Scottish Court of Session Decisions

Subject_1 PRESUMPTION.
Subject_2 DIVISION I.

Presumed Alteration and Revocation.

Strachan
v.
Farquharson

Date: 7 July 1732
Case No. No 21.

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Alexander Farquharson, in his latter-will and testament, appointed his wife executrix and universal legatrix of his hail goods, gear, moveable debts, sums of money, &c. At that time he was creditor in a bond for 2000 merks, payable to himself; and, failing of him by decease, to his only lawful son, John Farquharson, their heirs, executors, or assignees. The question occurred; Who had right to this bond; the wife, in virtue of her universal legacy, or the son, in virtue of the special destination in his favour?—The Lords found the universal legacy did not derogate from the special destination.—See Appendix.

Fol. Dic. v. 2. p. 133.