Scottish Court of Session Decisions

Subject_1 DECISIONS of THE LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 REVOCATION ON DEATH-BED.

v.

Click here to view a pdf copy of this documet : PDF Copy

Sir James Cuningham executed a disposition of his estate in favour of his brother David, his heir-at-law, and charged him with certain provisions to other friends, reserving a power to alter. Accordingly Sir James, (10th June 1748,) made a new disposition in favour of his brother, with additional burdens. In a reduction of this last disposition, ex capite lecti, at the instance of David, the Lords found him free of both ;—of the first, as expressly revoked by the second ; of the second, on the head of death-bed. But, says Lord Bankton, (Vol. II, p. 306,) this would not have been found, had there not been an express clause in the second disposition, revoking the first. An implied revocation would not have been sufficient, unless the deed whereby it was inferred had been found to subsist.

Accordingly, another case occurred to this purpose.