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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Marion Whyte v Helen Mitchall. [1649] 1 Brn 420 (27 November 1649)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Date: Marion Whyte
v.
Helen Mitchall
27 November 1649 Click here to view a pdf copy of this documet : PDF Copy
In the suspension, Marion Whyte against Helen Mitchall, who had decreet
for a legacy left to her husband by her brother, upon condition that he should renounce all right that he could claim to his succession in favours of the said Marion Whyte, whom he had left his executrix,—one reason was proponed, that the said Helen should warrant according to the condition foresaid. But the Lords found, That it was sufficient to her to warrant for the sum received, seeing her husband's brother was dead, and his children very young; et factum hoc non satis præstabile ut alienum. The other reason did take away the legacy; in the which it was alleged, That the testament was exhausted by creditors who had gotten decreet, as was alleged. Sed amplius inquirendum censuerunt Domini; because it was opponed to those decreets, that they were simulate: the libel being referred to her oath only, and she holden as confessed; the which cannot be thought relevant to exhaust a testament. Page 68.
The electronic version of the text was provided by the Scottish Council of Law Reporting