The Scottish Law Review and Sheriff Court Reports Volume 12 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1896 Excerpt: ...that their importance, whatever it may amount to, cannot be gauged without other evidence. For the purpose of showing the unreality of the objections, the petitioner's agent, as I understood, mainly relied on some letters and telegrams which passed between him and the objector as to the testator's health, and the conclusion sought to be drawn was that she said it was good at a time when she averred that it was bad. But I am not sure that the inference to be drawn from these fragments of correspondence is wholly favourable to the petitioner, because they afford some indication that the testator's health and condition were at the time causing anxiety to his friends. The objector's case is that the testator's powers had been weakened by extreme excess in the use of intoxicants, and that the petitioner impetrated the deed from him when in a facile condition. It is evident that some preliminary conditions must exist before an objector's case can receive consideration. First, the objector must set forth a sufficient interest. On grounds which I need not examine at length, I think she has done so, and that the disputed statement that the estate is insolvent is not enough to exclude her. Secondly, the challenge must be serious. A reduction has now been brought, and I see no reason to doubt that the objector is in earnest, or to suppose that her motive is improper. Thirdly, it is important, if not essential, to show that the petitioner, if ultimately successful, would not be seriously prejudiced pecuniarily by the delay. In my opinion, she would not. Fourthly, the objector is apparently a responsible person, able to answer any pecuniary claims to which she may become liable in the event of failure. These considerations, however, are preliminary only. If, under any c...