The administrator in law, of a person benefitted by certain deeds, sustained as a witness, relative to a matter connected with these deeds.
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In this cause, which is stated in the decision 23d June last, betwixt the same parties, No. 182. p. 16759. Patrick Falconer sought to adduce John Douglas of Tulliquholly as a witness for him, and particularly to prove the Lady's having expressed her good intentions towards him, before and after granting the bond in his favour; and insisted he was a habile witness, consistent with the former interlocutor, as he neither was in the defendant degree of relation to him, nor had himself got any bond.
Answered: There was a bond granted to his infant daughter, to whom he was administrator in law, which was under reduction, and he called as a party to the process; so that the same objection lay against him, as those who got bonds themselves.
The Lords, on the Lord Ordinary's report, sustained this objection; but afterwards, on bill and answers, allowed him to be examined, on the Lady's having expressed her design of giving something to Patrick Falconer.
Act. H. Home.Alt. Lockhart.
D. Falconer, v. 2. p. 173.
