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Scottish Court of Session Decisions >>
Somervill v Geddie. [1741] Mor 3300 (28 November 1741)
URL: http://www.bailii.org/scot/cases/ScotCS/1741/Mor0803300-083.html Cite as:
[1741] Mor 3300
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In a reduction upon the head of death-bed, the proof came out thus: 1mo, The granter, for a dozen of years before her death, was troubled, at intervals, with gravelish pains; and she died of a fit of the gravel upon two days illness. 2do, She was not troubled with the gravelish pains when she signed the disposition challenged, which was at nine at night, though she was in bed at the time; and some of the witnesses add, that she did not appear to be in perfect health. 3tio, She lived 45 days thereafter; and, until within two days of her death, was in the ordinary state of health she had been in for a dozen of years before, managing her affairs within doors, unless when she was troubled with the gravelish pains. 4to, She was of entire judgment when she signed the deed.
The Lords, by a narrow plurality, found it proved, That Marion Miller was on death-bed when she granted the disposition in question.’
