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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Arnot v Inglis of Murdieston. [1735] 1 Elchies 484 (8 January 1735) URL: http://www.bailii.org/scot/cases/ScotCS/1735/Elchies010484-001a.html |
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Subject_1 TESTAMENT.
Arnot
v.
Inglis of Murdieston
1735 ,Jan. 8 .
Case No.No. 1a.
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The Lords found the estate of Murdieston not affectable. Some of the Lords thought it was not Murdiestorn's intention that it should be affectable. Others (inter quos ego) thought his intention plain enough, but thought a testament was not habilis modus, and that it was a competent defence to this defender though a gratuitous disponee, and instanced the case of Hutton, where the Lords found that a bill on death-bed was not habilis modus to leave a legacy, and we were all of that opinio.
The electronic version of the text was provided by the Scottish Council of Law Reporting