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Scottish Court of Session Decisions >>
Shearer v Somervill. [1733] Mor 4892 (13 July 1733)
URL: http://www.bailii.org/scot/cases/ScotCS/1733/Mor1204892-021.html Cite as:
[1733] Mor 4892
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A husband and wife, during the marriage, having made two mutual onerous deeds in favour of one another, to this import, that the surviver should bruik all; it was objected to the wife, by the representatives of the predeceasing husband, That she having privately, without the knowledge of her husband, executed a revocation of the deed granted by her; this, though effectual in law to revoke an onerous deed, was yet an intended fraud, sufficient to bar her from reaping any benefit of the deed granted by her husband in her favour. ——The Lords, notwithstanding, repelled the objection. See Appendix.
