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Scottish Court of Session Decisions >>
Pollock v Gilmour. [1777] Mor 8098 (27 February 1777)
URL: http://www.bailii.org/scot/cases/ScotCS/1777/Mor1908098-039.html Cite as:
[1777] Mor 8098
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Barclay, a writer, made out, at Gilmour's desire, a memorandum of his proposed settlements, which being approved of by Gilmour, were given to another writer to frame, and were accordingly executed regularly by the testator. In one of these settlements, the testator conveys an heritable bond for 5000 merks, to Janet Pollock his widow, “with and under the special burden, that the said Janet Pollock and her foresaids shall be burdened with the payment of the sum of 2000 merks Scots, at the first term of Whitsunday or Martinmas' next after the testator's death.” But no mention is made to whom this sum is to be paid. From the memorandum of the settlements, however, it, appeared, that this was an omission of the person who drew the deed, as there was clear evidence from that memorandum, that this legacy of 2000 merks was meant to be paid to James Gilmour, the testator's brother, who on the widow's refusing to pay this legacy, sued her in an action for that end, and craved a proof for establishing that the memorandum of the settlements was taken by Barclay from the testator's mouth, and was the only rule for drawing them up. The defender urged the incompetency of proving by parole evidence any legacy above L. 100 Scots. The Lords allowed the proof. See Appendix.
