[1747] Mor 16756
Subject_1 WITNESS.
Date: Gordon
v.
Gordon
16 June 1747
Case No.No. 177.
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Gordon younger of Balledgarno pursued a proving the tenor of a disposition, in virtue whereof he claimed the said estate, to which otherwise his father would have succeeded, and offered to adduce as a witness his sister, to prove a conversation between her father and her, owning him to have had the paper in his possession.
Objected, That she could not be examined, as being sister to the adducer; to which it was answered, Her relation was nearer, as being daughter to the defender.
The Lords were dubious; but observing that there were several old decisions in favour of the objection, and that there did not appear any since, in which the contrary determination had been given, they sustained it.
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