Legal Subject: Will

Case Date Legal Subject Abstract
Henderson v. Wilson and Melvilles 1795 Succession, Deed, Will, Entail, Aliment, Tailzie Robert Henderson pursued a claim against George Wilson regarding the succession to Walter Bowman’s estate, while Catharine and Christian Melvilles argued that a 1763 entail was ineffectual and had revoked an earlier 1757 deed, thereby opening the succession to heirs ab intestato. Henderson petitioned the Court to alter a recent interlocutor, and Wilson answered both Henderson’s petition and the Melvilles’ memorial, contesting their respective positions on the disputed entailments.
Jean Telfair v. Dorothea Telfair and Hugh Shaw 1770 Will, Deathbed Deed The late Samuel Telfair had married defender Dorothea Telfair in 1764. Before his death, on April 8, 1767, 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 then married Hugh Schaw. Pursuer Jean Telfair was Samuel Telfair's sister and only heir. Jean sought 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. She brought an action for reducing the liferent investment. Dorothea maintained 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 was Samuel Telfair's capacity to dispose of his personal and real property.
John Davidson v. Alexander Kyde, and Others 1797 Decreet-Arbitral, Succession, Trustee, Arrestment, Executor, Will John Davidson, Esquire, trustee for Rachael Lindsay, spouse of Major James Dickson in the East India Company's service, and for his own interest, petitioned the Court to alter an interlocutor pronounced by Lord Stonefield. Major Alexander Kyde answered the petition. Robert Strang, Andrew Lennox, and James Alexander, in company, subsequently petitioned the Court to alter its recent interlocutor.