Will of personalty. It must be authenticated in like manner as a deed, q. v. Land cannot pass by testament, but only by words of present conveyance.
Definition source
Kinnear, J. B., Digest of House of Lords Cases Decided on Appeal from Scotland, 1709-1864 — Glossary of Scottish Law Terms (Edinburgh, 1865). Public domain.
Legal Subject: Testament |
| Case | Date | Legal Subject | Abstract |
|---|---|---|---|
| Binning v. Binning | 1766 | Succession, Testament, Aliment | The Pursuer, Helen Binning, sought 500 merks (Scots) willed to her father as aliment by her grandfather in a 1733 deed of settlement. The Pursuer's father, Patrick Binning, died young, after marrying at age sixteen. The parties in this case disagreed over whether or not Patrick married with the consent of his father. Helen, the only child of the marriage, was raised in her grandfather's home after the death of her father. The Defender, James Binning, was Helen Binning's uncle, eldest son of James Binning the elder. The Defender claimed that since his brother, Patrick Binning, died before reaching majority and before his father's death, Helen Binning's claim to her father's aliment payment was invalid. Upon the death of Margaret Binning, Helen's grandmother, in 1762, Helen brought action before the sheriff of Linlithgow against her uncle for payment of the 500 merks. |
| Coventry v. Lord Hailes' Interlocutor | 1787 | Succession, Legacy, Liferent, Aliment, Testament, Debt | Robert Coventry presented a petition challenging an interlocutor pronounced by Lord Hailes. Based on the single document cataloged for this case. |
| Yorkston, et al. v. Grieve | 1794 | Deed, Witness, Testament, Succession, Assignation, Executor | Yorkston and his co-petitioners pursued Grieve concerning the validity of a testamentary deed executed by the illiterate Jean Ferguson. They argued that the instrument was valid despite the notary’s docquet failing to record that it was read over to the testatrix, whereas Grieve maintained that because Ferguson could neither read nor write, the deed required to be read to her before she authorized the notary’s signature, and was void for want of that formality. |
