Provisions to heirs and children. – Presumption of revocation – A father executes a deed in favour of his heir giving him a locality over part of his estate, and assigning the tacks to him, with warrandice from fact and deed, and a power of revocation by writ under the grantor’s hand: The first year the father marked the rents of the allocated lands, in his rentals, as to be paid to the son; the next year this was not done, and the factor received a letter to pay no more of the son’s bills. The allocation was not thereby revoked.
But a deed of revocation found in the grantor’s repositories after his death, though not published or recorded, revoked the allocation.
[1722] UKHL Robertson – 417, (1722) Robertson 417
Bailii
Jury
Updated: 05 January 2022; Ref: scu.553738