Scottish Court of Session Decisions

Subject_Proving of the Tenor.— Headnote:

Sequel of the case noticed ante, XV. 690. On advising the proof of the tenor of the will in this case, which was alleged to be of date 1822, the Court held the evidence to be defective, and accordingly sustained the defences, but found no expenses due.

It was observed from the bench, that, in the case of a revocable deed such as the present, the chief matter was the casus amissionis, and the great point to be proved as to the amissio was to show how the deed got out of the owner's possession into the hands of the party alleged to have received it, as to which the evidence was insufficient.