Scottish Court of Session Decisions

Subject_1 WRIT.

John Falconer
v.
Arbuthnot, &c

1751, Jan. 9.
Case No. No. 26.

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In a reduction of some bonds granted by Lady Phesdo the pursuer's mother as legacies to several grandchildren and great grandchildren, particularly a bond of 12,000 merks to Fordoun or his children about two months before her death; it was proved that the Lady when 94 years old was bed-fast, and had been for some time so blind that she hardly knew her own children and servants till she was told who they were, and through that and the palsy or shaking in her hands she could not sign without help, and therefore signed receipts to tenants when Fordoun commonly led her hand. Here it was proved that she signed these bonds with Fordoun's assistance; some of the witnesses said, holding her by the wrist; others that his hand was upon her's; others that he only held the end of the pen. The witnesses did not hear the bonds read to her, but she said to them that these papers had been read to her, and therefore she desired them to witness her subscription. But as she was so blind, that she could not read any of them herself, and, for any thing that appeared in the proof, bonds of another tenor or for other sums might have been read, and not the true sums, so that there was no evidence that she knew what she signed, we unanimously reduced them all. (See No. 32, voce Witness.)