Deed Informal – Execution by Notaries – Prior Obligation – Death-Bed. – By an antenuptial contract of marriage, the father became bound to provide his son John with a provision of andpound;14000. In implement of this obligation, he had resolved to convey an heritable bond he held over an estate for andpound;9000 pro tanto of this provision. The deed was all prepared and ready for execution, when he suddenly took ill of a disorder which deprived him of writing. He, however, resolved to have it executed by notaries, but only one could be got in London. Held, in a reduction to set aside this deed, as in prejudice of the heir at law, that the deed was ineffectual, as wanting the usual solemnities to convey heritage in Scotland.
[1773] UKHL 3 – Paton – 671, (1773) 3 Paton 671
Bailii
Scotland
Updated: 13 January 2022; Ref: scu.561812