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Scottish Court of Session Decisions >>
Fraser v Smith. [1776] Mor 2322 (9 July 1776)
URL: http://www.bailii.org/scot/cases/ScotCS/1776/Mor0602322-059.html Cite as:
[1776] Mor 2322
Legacy to Poorest Friends and Relations. - Declaring a Disponee Personally Liable for a Disponer's Debts. - Conveying Moveable Goods and Gear.
Fraser v. Smith
Date: 9 July 1776 Case No. No 59.
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Agnes Fraser bequeathed, at her death, to Janet Smith, “her moveable goods and gear, whole body-cloaths and wearing apparel all her linens, and all other moveables, goods and gear, which shall belong to her at her death, of whatever kind or denomination; and particularly,” &c. Then follows an enumeration of her houshold furniture and apparel. The principal part of the testatrix's effects consisted of a promissory note of a banker's for L. 40, which being claimed as falling under the above bequest, the executor urged, That it did not come under the general description of moveable goods and gear, and being left out of the enumeration of particulars, it was thence presumable, that so considerable a part of the defunct's succession was not intended to be bequeathed away from her executor. The Lords preferred the executor to the sum in question. See Appendix.
