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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mitchell v Miller. [1742] Mor 16900 (30 November 1742)
URL: http://www.bailii.org/scot/cases/ScotCS/1742/Mor3816900-133.html
Cite as: [1742] Mor 16900

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[1742] Mor 16900      

Subject_1 WRIT.
Subject_2 SECT. IV.

Instrumentary Witnesses.

Mitchell
v.
Miller

Date: 30 November 1742
Case No. No. 133.

Click here to view a pdf copy of this documet : PDF Copy

A man having named in his testament nine trustees, by whom a sum of money was to be uplifted and applied for certain uses, for the poor, &c. it was objected that the testament was null, because it was written only by two of the trustees, as this might give room to frauds; and the case of trustees in whose person the right to the subject is lodged, is different from the case of a legatary in common law. The Lords found the writ sufficiently tested. See Appendix.

Fol. Dic. v. 4. p. 409. M.S.

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


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URL: http://www.bailii.org/scot/cases/ScotCS/1742/Mor3816900-133.html