Deathbed – Faculty to Burden – Testament.- A party disponed his whole estate to his heir-at-law, under a reserved power or faculty to burden at any time during his life, with provisions to younger children. By a codicil bearing no date, but executed ten months before his death, he altered this disposition so as to diminish the fund for the heir; and granted also an heritable bond of provision for andpound;1000, in terms of his reserved power to burden, nine days before his death: Held that these deeds were reducible on the head of deathbed; but reversed in the House of Lords.
[1767] UKHL 2 – Paton – 130
Bailii
Scotland
Wills and Probate
Updated: 11 January 2022; Ref: scu.560698