The heir in heritage of the late Mr M’Caig of Oban seeks to establish her rights as such, notwithstanding the fact that he has made a testament in favour of trustees, and has directed them to hold his estate and to apply the proceeds in doing certain things on the estate. She does not impugn the deed on the ground of mental incapacity. She attacks it on the ground that it does not give any disposal of the estate for the benefit of any person or class of persons, and is in no better position to exclude her than if it had simply disinherited her without putting anyone in her place, which it is plain would not have invalidated her right as heir.
Judges:
Lord Stormonth-Darling
Citations:
[1906] ScotCS CSIH – 2, 1907 SC 231, (1906) 14 SLT 600
Links:
Scotland, Wills and Probate
Updated: 21 July 2022; Ref: scu.279270
