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Scottish Court of Session Decisions >>
Andrew Dowie v Alexander Millie. [1786] Mor 8107 (2 February 1786)
URL: http://www.bailii.org/scot/cases/ScotCS/1786/Mor1908107-045.html Cite as:
[1786] Mor 8107
Found in conformity with Wright against Wright, No 36. p. 8088.
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The father of Alexander Millie accepted a bill of exchange drawn by Andrew Dowie, his son-in-law; who, in an action for payment, judicially acknowledged, that the purpose of the deceased in this transaction was to create a testamentary bequest in favour of his daughter.
The question being, Whether a deed of that nature could be so executed? it was contended in behalf of the pursuer, That since the statute of 1772, shortening the endurance of these documents, there was not such danger to be apprehended from extending their use as in former times; 2d December 1782, Adam contra Johnstone, No 18. p. 1416. voce Bill of Exchange.
The Lords, however, found, ‘That the bill in question was a donatio mortis causa, and that a donation constituted in the form of a bill is not a valid deed by the law of Scotland.’
Lord Ordinary, Hailes.Act. Durham.Alt. Nairn.Clerk, Colquhoun.
Fol. Dic. v. 3. p. 375. Fac. Col. No 254 p. 309.
