Scottish Court of Session Decisions

Subject_1 PROOF.
Subject_2 DIVISION V.

Proved, or not proved.
Subject_3 SECT. V.

Marriage.

Mrs Jean Anderson
v.
Ninian Wisheart of Logie

Date: 23 February 1714
Case No. No 577.

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In a process at the instance of Mrs Jean Anderson against Wisheart of Logie, for kenning her to a terce of lands wherein the deceased Captain James Wisheart, whom the defender represents as heir, died infeft, upon this ground, that the pursuer was lawful wife to the Captain; she having produced a letter writ by him to the Lady Cartwright, signifying, that he had writ to her without waiting upon her, in order to save his Jeannie's blush, in trusting her Ladyship with the secret of their marriage; and also a testament writ by him, wherein he leaves and bequeaths to Mrs Jean Anderson his spouse the sum of L. 200 Sterling; the Lords found it relevant to entitle the pursuer to a terce, that the letter and testament are holograph, and that she was held and reputed lawful wife to the defunct, albeit neither the letter nor testament bore either place or date or witnesses.

Fol. Dic. v. 2. p. 267. Forbes, MS. p. 30.