[1740] Mor 15942
Subject_1 TESTAMENT.
Date: Innes
v.
Tarbet
2 December 1740
Case No.No. 18.
A Minister's interposing with a dying person to alter a testament made in health, mali exempli.
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A Minister may lawfully suggest proper considerations to dying persons with respect to their worldly affairs, and the more these be in favour of the right heir, the more laudable. But where a woman had, when in health, executed her will by a deliberate act, for a Minister amidst his exhortations to the dying person, to interpose with her to alter that deed, though in favour of the true heir, was thought to be mali exempli, and was one of the circumstances on which her testament, though made in favour of her heir, yet, as it was altering a former made by her when in health, was reduced in this case.
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