Scottish Court of Session Decisions

Subject_1 DEATH-BED.

Urquhart
v.
Urquharts

1742, June 24.
Case No. No. 14.

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This disposition was reduced ex capite lecti, renitente President, who thought that deathbed was not proved, because though the granter was sick at the time, yet it is not proved that he was sick of the disease of which he died, that is a suppression of urine, and thereafter a palsy; but my greatest difficulty was as to the wife's defence founded on the decision 23d February 1665, Jack against Pollock, (Dict. No. 36. p. 3213.) to which it was answered, that the marriage here dissolved within year and day, and therefore a conventional provision would fall—and the Lords repelled the defence with: respect to that answer.