Presumption. –
Two mortifications for educating children at a parish school, are found in the grantor’s repositories after his death; the one bore date four years after the other, but was in same terms with the first, with this alteration only, that a larger sum was mortified, and a greater number of boys to be educated: the Court having found that both subsisted as distinct deeds; the judgment is reversed.
The Court having also refused a proof by the instrumentary witnesses, of the donor’s intention; their judgment is reversed, and liberty given to examine the instrumentary witnesses.
[1721] UKHL Robertson – 377
Bailii
Scotland
Wills and Probate
Updated: 05 January 2022; Ref: scu.553673