Deed – Implied Revocation – Error in Procedure.- A party executed a deed, conveying his whole heritable and moveable estate to his four sisters and their heirs-male, according to certain proportions, in 1764, reserving power to revoke, but declaring it to be good in so far as not revoked. He afterwards married, and in 1766 executed a new deed, conveying his whole heritable and moveable estate to the heirs of his own body, of that marriage. There was no revocation of the first deed. He thereafter died, leaving a son, who only survived his father three months: Held, on failure of his issue, that the first deed remained good; and as there was no implied revocation of it by what was done, and no express revocation, the same was to be read as if it had within it the deed of 1776, and so excluded the heirs-at-law as such.
[1776] UKHL 2 – Paton – 403
Bailii
Scotland
Land
Updated: 13 January 2022; Ref: scu.561844