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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Marion Monteith v Her Brother George. [1688] 2 Brn 121 (00 June 1688)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Marion Monteith
v.
Her Brother George
1688 .June .Click here to view a pdf copy of this documet : PDF Copy
One, pursued as a vitious intromitter, made this defence, That he had right from the donatar of the defunct's escheat, which was declared. 2. He was executor nominated to the defunct. Answered for the pursuer, That the gift was simulate, and procured by the rebel's own means, as appears from his continuing in possession of the goods all his lifetime, and disposing thereof in his testament when he died. The Lords found the gift was simulate, and decerned against the defender, as vitious intromitter, the testament not being confirmed now several years after the defunct's death.
Page 118, No. 440.
The electronic version of the text was provided by the Scottish Council of Law Reporting