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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Smith v Taylor. [1749] 1 Elchies 485 (7 November 1749)
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Cite as: [1749] 1 Elchies 485
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[1749] 1 Elchies 485
Subject_1 TESTAMENT.
Smith
v.
Taylor
1749 ,Nov .7 .
Case No.No. 10.
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A testator telling his nearest of kin that he left his executry to him and other two equally, a process was brought on it; and the fact proved by the oath of the nearest of kin. But we found that the verbal testament could not convey his executry; but found that the two pursuers interests were to be sustained as legacies, and that there were as many legacies as persons, and sustained them to the extent of L.100 each.—N. B. Kilkerran had only sustained them as one legacy of L.100 between them.
The electronic version of the text was provided by the Scottish Council of Law Reporting