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A paper being signed by a party going beyond seas, disposing upon heritage, but in its narrative beginning with the common stile of testaments, and yet giving power to the party to enter, and obtain confirmation from his immediate superior, excluding his heirs of line, and all others, yet so far making it a donatio mortis causa, that in another clause it is declared, that if he return home it shall be leisom for himself only to revoke the said writ; and he having returned, and deceased, without making any revocation; the Lords found the writ not to be of a testamentary nature.
Fol. Dic. v. 2. p. 459.
Stair. Dirleton.
*** This case is No. 7. p. 11339. voce Presumption.
