Scottish Court of Session Decisions

Subject_1 PRESUMPTION.
Subject_2 DIVISION III.

Donatio non præsumitur.
Subject_3 SECT. III.

Deeds in favour of Children or near Relations, whether presumed in satisfaction of former revocable settlements?

Fleming
v.
Her Children

Date: 14 November 1661
Case No. No 116.

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A relict having paid a debt due by her husband, and taken a discharge thereof, but not an assignation, being at the time neither executrix to her husband, nor tutrix to her Children, was presumed to have done it on purpose to relieve her Children. The Lords refused to sustain it as an article of charge in a count and reckoning with her Children.

Fol. Dic. v. 2. p. 143. Stair.

*** This case is No 24. p. 8259. voce Liferenter.