BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
John Ker v John Gibson. [1693] Mor 16805 (20 January 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1693/Mor3816805-010.html Cite as:
[1693] Mor 16805
A disposition sustained subscribed by initialsonly before witnesses, it being proved that this was the disponer's usual manner of subscribing.
Click here to view a pdf copy of this documet : PDF Copy
The Lords found the 1000 merks of legacy, left by Dow to his son, on his death, fell to his sister, John Gibson's first wife, and being moveable, jure mariti belonged to him; and so his daughter, as nearest of kin now to her mother or uncle, cannot claim it, since he was not obliged to establish the right; of it in his daughter's person, in prejudice of the right he had in his own; and that he was neither liable for it as tutor and administrator to her, nor for his omission nor negligence: And sustained the disposition granted by Janet Gellies to him, though only subscribed by the two initial letters of her name, before two witnesses; he always proving, that was her usual manner of subscribing, not only by witnesses, but also by other writs so signed by her: And found, seeing there was no other nstruction of the oresaid 1000 merks, but John Dow's testament, and that, by the conception of it, it was only of the nature of a legacy: And sustained John Gibson's defence, that the inventory was exhausted by debts, which all behoved to be paid ere his legacy could be considered.
