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Sandilands v Sandilands. [1683] Mor 14384 (14 March 1683)
URL: http://www.bailii.org/scot/cases/ScotCS/1683/Mor3314384-027.html Cite as:
[1683] Mor 14384
Subject_1 SERVICE AND CONFIRMATION. Subject_2 SECT. IV.
Special Assignation of Moveables. - Special Legacy.
Sandilands v. Sandilands
Date: 14 March 1683 Case No. No. 27.
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The Lords found, (against the interest of the Commissaries), That an assignation made on death-bed, and intimated then, where there were neither a relict, children, nor creditors, (whom he cannot defraud on death-bed), secluded confirmation, unless the assignation bore, that, upon his recovery, it should come back to his person again.—And yet such rights may be easily made in defraud of the Commissaries quot. See Act 26. Parl. 1690.
Fol. Dic. v. 2. p. 368. Fountainhall, v. 1. p. 225.
*** P. Falconer's report of this case is No. 23. p. 3202. voce Death-bed.
