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Anent Witnesses to Testaments. [1685] 3 Brn 542 (4 March 1685)
URL: http://www.bailii.org/scot/cases/ScotCS/1685/Brn030542-0817.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 4 March 1685
Anent Witnesses to Testaments
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This point was debated, if a testament was null which had only two witnesses, whereof one had a legacy left to him, and so was a party interested and concerned in the subsisting of the testament. By the Roman law it was not a sufficient objection, § 11, Institut. de Testament, ord. But Vinnius, in his Commentary, is not well pleased with this, and thinks it was more tolerable jure civili, where they had copiam testium, than now with us. Some thought the testament only null as to his own legacy, seeing he could not be testis in re propria, but valid quoad all the rest.
Yet, in a bond of warrandice, or relief, one of the creditors concerned in the relief may be a valid and probative witness, because he has only a consequential interest.
