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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Greig v Greig. [1768] Mor 11454 (19 February 1768)
URL: http://www.bailii.org/scot/cases/ScotCS/1768/Mor2711454-126.html
Cite as: [1768] Mor 11454

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[1768] Mor 11454      

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?

Greig
v.
Greig

Date: 19 February 1768
Case No. No 126.

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Margaret Mill, upon the death of her first husband, married David Greig, who, by his testament, appointed her his executor, and gave her the liferent of his effects, computed at about 7000 merks; whereof 2000 merks were provided to each of his two daughters, and 3000 merks to his youngest son, the eldest being already forisfamiliated.

Margaret Mill having entered upon the management of her husband's affairs, lent out L. 100 Sterling, upon bond, to herself in liferent, and her two daughters in fee.

Upon the death of Margaret, the daughters claimed this L. 100, beside their provisions of 2000 merks, But the Lords found, “That it must impute in satisfaction pro tanto.”

Act. Nairne. Alt. Lockhart. Fol. Dic. v. 4. p. 123. Fac. Col. No 64. p. 304.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1768/Mor2711454-126.html