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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lithgow v Petrie. [1735] 1 Elchies 484 (5 December 1735)
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Subject_1 TESTAMENT.
Lithgow
v.
Petrie
1735 ,Dec. 5 .
Case No.No. 2.
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The Lords adhered, and reduced the testament in toto, of which I much doubt; and several of us thought that quoad the defender's legacy and others wherein the defunct's will was sufficiently proved, it ought to be sustained; and they all agreed that reading the testament was not necessary ratione solennitatis; and the President thought there was not sufficient evidence of the will even as to these legacies, and thought that if a scroll were read, though some small legacies were omitted, it would not annul the testament.
The electronic version of the text was provided by the Scottish Council of Law Reporting