Scottish Court of Session Decisions

Subject_1 PROOF.
Subject_2 DIVISION IV.

Private Deed, how far probative.
Subject_3 SECT. IV.

Deed without witnesses, how far probative.

Nicolson
v.
Nicolsons

Date: 15 December 1677
Case No. No 500.

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A man made a settlement of his affairs, obliging his eldest son, failing heirs of his body, to surrender the estate to other persons named, and about a year thereafter, discovering upon that son's death a defect in his settlement, that he had not brought his other sons, succeeding to the estate, under the said obligation, and to supply the defect, added a holograph postscript to the deed of settlement. The Lords found the holograph postscript probative of its date, being supported by the deed of settlement to which it was adjected, and so suitable thereto, that there could be no reasonable suspicion that it was antedated to avoid the objection of death-bed.

Fol. Dic. v. 2. p. 259. Stair.

*** This case is No 61. p. 8944. voce Minor.