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A person on his death-bed acquainted his nephew, that he, intended, that he along with two others who were his half-neices, should equally share his effects. After the death of the uncle, the neices pursued the nephew, on his implied consent, to make good his uncle's destination. It being found, That the nuncupative testament could not be sustained on the nephew's implied consent, but that the provision in their favour resolved into verbal legacies, a question arose, whether the destination should be sustained only to the extent of L. 100 Scots, to be divided equally among the three, or whether each of them had a claim to the extent of L. 100 separately. The Lords found, That the share of each of the legatees should be sustained to that extent.
Fol. Dic. v. 3. p. 379. D. Falconer. Kilkerran.
*** This case is No 9. p. 6594. voce Implied Will.
