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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Maxwell v - . [1583] 1 Brn 119 (00 January 1583)
URL: http://www.bailii.org/scot/cases/ScotCS/1583/Brn010119-0235.html
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.
Maxwell
v.
-
1583 .Click here to view a pdf copy of this documet : PDF Copy
One Maxwell offering to improve a letter of tutory testamentar, made by the Laird of Stanky, per testos insertos, &c. the witnesses denied all that they knew any thing thereof; yet, in respect the body of the testament was written and
subscribed by the defunct himself, (as was perfectly known to every one,) the Lords assoilzied from the improbation; for it is the custom of gentlemen, &c. to make their latter wills in secret while they are in life, and call none thereto; and so may be called testaments in procinctu, potius facta quam nuncupativa, et cum solemitatibus injure requisitis. Page 167.
The electronic version of the text was provided by the Scottish Council of Law Reporting