Scottish Court of Session Decisions

Subject_1 DEATH-BED.
Subject_2 SECT. IV.

Competent to a Wife; - and to Children.

Sandilands
v.
Sandilands

Date: 15 March 1683
Case No. No 23.

An assignation to moveables on death-bed was found valid, where the cedent had neither wife nor children to challenge it as done to their prejudice.

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In the competition betwixt Sandilands and Sandilands, it being alleged, That the pursuer's right was an assignation to a moveable bond upon death-bed, and so ought to be confirmed;—it was answered, That albeit an assignation was granted upon death-bed, yet it was granted admodum inter vivos, and intimated before the granter's death, who was thereby denuded; and that a moveable right, such as the bond assigned, was transmissible by an assignation and intimation upon death-bed.——The Lords found, That in this case, where the granter had neither wife nor children, who might pretend they were prejudged, that the assignation and intimation, albeit upon death-bed, did sufficiently denude and convey, without necessity of confirmation.

Fol. Dic. v. 1. p. 212. P. Falconer, No 59. p. 39.