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Scottish Court of Session Decisions >>
Laurence Park v Elizabeth Binnie, Relict of Mr. Laurence Scot. [1671] 2 Brn 554 (5 July 1671)
URL: http://www.bailii.org/scot/cases/ScotCS/1671/Brn020554-0936.html
Subject_2 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Laurence Park v. Elizabeth Binnie, Relict of Mr Laurence Scot.
Date: 5 July 1671
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One Laurence Park, pursues Elizabeth Binnie, relict of Mr. Laurence Scot of Bavillaw, one of the clerks of Session, by way of declarator, to hear and see it found and declared that it was Mr. Laurence his mind and intention to settle the fee of a sum contained in a bond granted to him by —— on the said pursuer as his godson. The acts out of which he elicited his intention, were these, 1mo, That in his lifetime, before famous witnesses, he declared the right of that sum belonged to Laurence Park's father; 2do, He ordered a writer to draw an assignation to the said bond, to be given by him to the said Laurence; which, though it was never subscribed, yet having died suddenly, it was found amongst his papers, and it was a thing he was minded to do. 3tio, They referred it to the relict's own oath, that it consists in her knowledge, that it was her husband's firm resolution that this sum should belong to this pursuer, with sundry others.
My Lord Craigie was content to give them the Lords' answer thereupon; who, before answer, ordained all writs that might anyways clear the trust and Bavillaw's intention, especially the said unsubscribed assignation, to be produced.
