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Two nieces of a defunct brought an action against a nephew, the nearest of kin, on this ground, that the defunct, while on death-bed, having made a written testament, verbally desired his nephew to divide his effects equally between the nieces and himself, which allegation they referred to the defender's oath. He acknowleged that so the defunct had signified his will, but that he had never consented to it. The Lords found that writing was essentially necessary to a settlement, and therefore sustained the defunct's appointment only as a legacy to the exent of £.100 Scots to each of the nieces.
Kilkerran.
*** This case is No. 9. p. 6594. voce Implied Will.
