You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
The Commissaries of Edinburgh v The Executors of Robert Hamilton. [1677] 3 Brn 191 (8 November 1677)
URL: http://www.bailii.org/scot/cases/ScotCS/1677/Brn030191-0235.html Cite as:
[1677] 3 Brn 191
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
The Commissaries of Edinburgh v. The Executors of Robert Hamilton
Date: 8 November 1677
Click here to view a pdf copy of this documet : PDF Copy
The executors or nearest of kin of Robert Hamilton in Newbottle having been charged by the Commissaries of Edinburgh to confirm his testament, they gave in a bill of suspension, on this reason, that he had inter vivos made an assignation and disposition of all his moveable goods in favours of ——; and so not being in bonis defuncti, but he denuded, they ought not to be confirmed. The Lords repelled, in November, 1677, the reason: both in regard the assignation was not intimated in the lifetime of the cedent, and that it bore a clause empowering the disponer to alter it at his pleasure; and so it was reputed to be but done in defraud of the confirmation, since it was not absolute.
