Scottish Court of Session Decisions

Subject_1 TESTAMENT.

J Simpson
v.
Robert Barclay, &c

1752, Jan. 10.
Case No. No. 10.

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A tailzie containing a power of revocation etiam in articulo mortis was found effectually revoked by a latter will and testament executed by the maker of the entail at Buenos Ayres, though they found that that testament was not sufficient to convey the estate to the legatee. But a declaration having been by him subjoined to the will showing his enixa voluntas that his sister the legatee and her heirs should enjoy his estate, and therefore requesting that the above disposition (meaning the will) might take effect, having no lawyer to advise him better; the Lords found this writing sufficient to bind the heir and a sufficient title for an action to denude,—but by the narrowest majority, viz. four besides Milton in the chair, three against it and three non liquet, inter quos ego, 10th December 1751.—10th January 1752, The Lords adhered, me renit. in the chair,—the Court equally divided and one non liquet.