Dunbar of Thundertown, and Others, v. Innes of Dunkintie
Date: 21 November 1716 Case No. No. 153.
Click here to view a pdf copy of this documet : PDF Copy
In a process of improbation of a disposition granted by Innes of Durkland to the defender Innes of Dunkintie his nephew'; the paper, being signed by four witnesses, whereof two were dead and two alive; and the pursuers, upon several alleged circumstances in fact, having craved to be allowed to insist in the indirect articles of improbation, (though they owned it to be out of the common road of form), or at least, that the two living witnesses might not be examined in the common way before the Ordinary on witnesses, but that they should be examined by the Lords in præsentia, outwith the presence of the defender, and of one another, and not upon interrogatories given them before to see, but upon such as should be offered from the bar, or should occur to the Lords; to which last the defender consented, but objected the established form against the first.
“The Lords, before answer to that point, How far it is competent to insist in the indirect articles of improbation, declared they would examine the living witnesses in their own presence, upon such pertinent interrogatories as should be offered at the bar, or as should occur to their Lordships.”
Act. Ro. Dundas.Alt. Graham.Clerk, Robertson.
Bruce, No. 35. p 46.
