Date of Decision: 25 Apr 1771
Abstract: The late Samuel Telfair had married defender Dorothea Telfair in 1764. Before his death, Samuel deeded to Dorothea all of his moveable effects as well as a liferent in a tenement of houses in the burgh of Kirkcudbright. Samuel Telfair died on May 10, 1767. Dorothea is now married to defender Hugh Schaw. Pursuer Jean Telfair is Samuel Telfair's sister and only heir. Jean seeks to void the liferent deed to Dorothea on the grounds that Samuel was of weak mental capacity during the marriage and that he disposed of the property in a deathbed deed. Dorothea maintains that Samuel Telfair was in an "ordinary state of health" at the time of this disposition and "perfectly sound in judgment." At issue in this case is Samuel Telfair's capacity to dispose of his personal and real property.
Subjects: Deathbed Deed, Will

Published Report

Not Reported

Litigants

Pursuer:
Jean Telfair, Sister and heir of decedent Samuel Telfair
Defender:
Dorothea Telfair, Widow of decedent Samuel Telfair
Hugh Schaw, Husband of Dorothea Telfair

People or Organizations Associated with Case

Named in case documents:
Samuel Telfair, Decedent
Advocate for Pursuer:
Alexander Abercrombie
Advocate for Defender:
William Craig
Lord Ordinary:
Lord Pitfour

Organizations