Presumption. – Intromission with the Settlements of a Person deceased. – Proof – In a reduction of a mother’s settlements brought by her son and heir, against a sister, who was benefited by them, on the ground that the sister bad access to the repositories of the deceased, and took what she chose, and might have destroyed the rest; the sister stated in defence that the deeds had been given to her by her mother: it was necessary for the pursuer to prove that the defender’s intromission was unwarrantable.
The deeds produced were presumed to contain the last will of the deceased. A circumstantial proof, brought by the pursuer, that the deceased had declared that she had made other settlements, and of embezzlement on the part of the defender, found insufficient.
[1726] UKHL Robertson – 552, (1726) Robertson 552
Bailii
Scotland
Updated: 05 January 2022; Ref: scu.554232