Page: 75↓
In an action for reduction of a trust disposition and settlement on the ground of facility and circumvention, which had been set down for jury trial, the defender craved a diligence for recovery, inter alia, of medical reports on the health of the testatrix, obtained by the pursuers during her lifetime from certain doctors named. The pursuers objected that the defenders' application was practically an attempt to obtain precognitions of their medical witnesses. The Court granted the diligence.
Counsel for Pursuers— Dundas. Agents— Morton, Smart, & Macdonald, W.S.
Counsel for Defenders— H. Johnston. Agents— A. P. Purves & Aitken, W.S.