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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Cummings v. Mackie and Others (Skeoch's Trustees) [1879] ScotLR 16_268 (12 January 1879)
URL: http://www.bailii.org/scot/cases/ScotCS/1879/16SLR0268.html
Cite as: [1879] SLR 16_268, [1879] ScotLR 16_268
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SCOTTISH_SLR_Court_of_Session
Page: 268↓
Court of Session Inner House Second Division.
[
v.
Facts:
In an action of reduction of a testamentary deed on the ground that the witnesses did not see its subscription, the pursuers proposed the following issue, which was approved of by the Lord Ordinary:—“Whether A B and C D, the alleged witnesses to the said trust-disposition and settlement, or either of them, did not see the said W S subscribe the same, and did not hear him acknowledge his subscription?” The defenders reclaimed, and proposed to add the words “or that he did not acknowledge it in their presence,” on the ground that the testator might have acknowledged by a sign or a nod. The Court adhered, holding that the issue as adjusted was in the usual form, and that the words used included any sufficient acknowledgment of his signature by the testator.
Counsel for Pursuers (Respondents)— Nevay. Agent— Robert Broatch.
Counsel for Defenders (Reclaimers)— Guthrie Smith— Gebbie. Agents— Adamson & Gulland, W.S.