Page: 392↓
In an action for reduction of a settlement on the ground of facility and circumvention, the Court (following the case of Livingstone v. Dinwoodie, June 28, 1860, 22 D. 1333) refused a diligence at the instance of the defenders to recover a diary containing entries by a body-servant of the testator with regard to his master's health and state of mind.
Counsel for Pursuers— Asher— D. Robertson. Agents— M'Neill & Sime, W.S.
Counsel for Defenders— Balfour— Mackintosh. Agents— Waddell & M'Intosh, S.S.C.