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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Henderson and Others v. Hedrich & Others [1892] ScotLR 30_75 (18 November 1892)
URL: http://www.bailii.org/scot/cases/ScotCS/1892/30SLR0075.html
Cite as: [1892] ScotLR 30_75, [1892] SLR 30_75

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SCOTTISH_SLR_Court_of_Session

Page: 75

Court of Session Inner House First Division.

Friday, November 18. 1892.

30 SLR 75

Henderson and Others

v.

Hedrich & Others.

Subject_1Process
Subject_2Proof
Subject_3Reduction of Testament on Ground of Facility and Circumvention
Subject_4Diligence for Recovery of Medical Reports on the Health of the Testatrix made during her Life
Facts:

In an action for reduction of a trust disposition and settlement on the ground of facility and circumvention, which had been set down for jury trial, the defender craved a diligence for recovery, inter alia, of medical reports on the health of the testatrix, obtained by the pursuers during her lifetime from certain doctors named. The pursuers objected that the defenders' application was practically an attempt to obtain precognitions of their medical witnesses. The Court granted the diligence.

Counsel:

Counsel for Pursuers— Dundas. Agents— Morton, Smart, & Macdonald, W.S.

Counsel for Defenders— H. Johnston. Agents— A. P. Purves & Aitken, W.S.

1892


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URL: http://www.bailii.org/scot/cases/ScotCS/1892/30SLR0075.html