[1736] 1 Elchies 115
Subject_1 DEATH-BED.
Brown
v.
Muir
1736 ,June ,3, 16 .
Case No.No. 6.
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In a reduction ex capite lecti, the Lords found the reason of reduction proved, and found the defence of convalescence not proved, although the deed was signed at Ayr and the defunct died at Irvine;—but the Lords sustained the defence that the disposition was written and signed by the grante's eldest son and apparent-heir, (this pursuer's elder brother) as witness, which they found imported his consent; but they seemed not to think that it would have been sufficient that the apparent—heir had only signed as witness, unless he had also been writer. June 16th Adhered without answers.
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