Scottish Court of Session Decisions

Subject_1 PRESUMPTION.
Subject_2 DIVISION VIII.

Delivery when presumed made, and for whose Behoof.

Leckie
v.
Leckies

Date: 22 November 1776
Case No. No 242.

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Leckie executed a deed, disponing an heritable subject to his youngest daughter Elisabeth and her husband, and their son, reserving his own liferent. By the same deed, he assigned to the same persons all his moveables at his death; and of the same date, he granted them a bond for L. 400, which he delivered to them. This disposition contained a clause dispensing with the delivery, but it was registered by the granter. Some years afterward, Leckie, by another deed, disponed the heritable subject, and all his moveables, among his three daughters equally. After the father's death, the youngest daughter brought a reduction of the latter settlement, on the ground that the former being put upon record, was thence to be held a delivered deed, and was consequently irrevocable. The Lords found, that the first deed, in so far as regarded the moveables, could operate no transference of these till the granter's death, and therefore, to that extent it was revoked by the posterior settlement; but with regard to the heritage, they found that the registation of the deed was equivalent to delivery, and therefore reduced the latter settlement quoad the heritage. See Appendix.

Fol. Dic. v. 4. p. 126.