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Scottish Court of Session Decisions >>
Sir William Sharp of Scotscraig v Lord Sinclair and His Lady. [1687] 3 Brn 647 (8 November 1687)
URL: http://www.bailii.org/scot/cases/ScotCS/1687/Brn030647-0990.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 8 November 1687
Sir William Sharp of Scotscraig v. Lord Sinclair and His Lady
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Sir William Sharp of Scotscraig pursues the Lord Sinclair and his Lady, for restitution of some silver-plate and jewels which were in Sir William his uncle's possession a little before his death, rei vindicatione. Their defence was, that they were gifted. And both the libel and defence were admitted to probation. They had likewise a disposition to them from Sir William; but they did not make use of it, because it was holograph, and did not astruct its own date, and so was presumed as granted in lecto, which would make it only sustain as a legacy, which was not so safe for my Lord; because, though there was no legitim due here, (old Sir William wanting bairns,) yet he having moveable debts that would more than exhaust it, these would be preferred to this legacy.
