Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 10 June 1680
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One pursues an executor for a debt, and refers it to his oath, that the defunct to whom he is confirmed, acknowledged it as a true debt upon his deathbed. Answered,— Non relevat unless the executor had then, or since, promised to pay it. Replied,—It being within 100 pounds Scots, it ought at least to have the force of a verbal and nuncupative legacy. Duplied,—Verbal legacies are not sustained in our law where there is a written testament; because then it is presumed that testator totam suam voluntatem in scriptis rede-git, and that he intended not partim testatus et partim intestatus decedere. But these nuncupative legacies were only effectual where they were left by one who made no written will and testament.
The Lords, before answer, ordained the executrix to depone; and so waved to decide the relevancy.
