Falconer v Dame Elizabeth Falconer, Ramsay, Archer, Minister of The Gospel At Laurencekirk, or Conveth, and Mortimer: HL 4 Jun 1721

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