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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Beizly v Napier. [1739] Mor 6591 (1 February 1739)
URL: http://www.bailii.org/scot/cases/ScotCS/1739/Mor1606591-006.html
Cite as: [1739] Mor 6591

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[1739] Mor 6591      

Subject_1 IMPLIED WILL.

Beizly
v.
Napier

Date: 1 February 1739
Case No. No 6.

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Where an executor was nominated, with power (which the office implies) to intromit with the whole money and effects of the defunct, with this clause sub-joined, “And I hereby debar and seclude all others from any right or interest in my said executry;” in respect of the secluding clause, which was considered as virtually the same as if the executor had been appointed universal legatary, it was found that the testament conveyed the whole effects to the executor.

Kilkerran, (Legacy.) No 1. p. 326.

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


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