M'Laren and Others v. Menzies and Others

Signed and sealed by the testatrix, the above named Caroline Elizabeth Conyers Norton, and acknowledged by her to be her last will and testament, in presence of us, present at the same time, who at her request, in her presence, and in the presence of each other, have hereunto subscribed our names as witnesses, Quinta das Maravilhas, in the island of Madeira, this thirteenth day of July one thousand eight hundred and seventy-five.

“The seal was placed upon the thread by which the two sheets were stitched together.”

Answers were lodged for Honourable Lady Menzies, a sister of the testatrix, and others; and by interlocutor of 14th December 1875 their Lordships of the Second Division allowed the petitioners a proof before answer of their averments. The evidence was accordingly taken on commission, and conclusively established that the deed was signed by Miss Norton and the witnesses of the date it bore; that Miss Norton was fully aware of the contents of the deed that she signed in the presence of the witnesses; and that she herself sealed it with her signet ring.

Authorities—Act 1681, cap. 5; Act 1696, cap. 15; Erskine iii., 2, 14; Ross Lectures , pp. 133, 136; Smith , 1816, F.C.; Act 7 Will. IV. and 1 Vict. cap. 26, sec. 9; 15 and 16 Vict. cap. 24; Jarman on Wills , (2d ed.) p. 66; Bell on Deeds, pp. 49, 167 ; Smyth v. Smyth , 7th March 1876, 13 Scot. Law Rep. 356 ; Paton , June 8, 1711, M. 16,807.

Authorities—Paterson Compend. of English and Scotch Law, sec. 663; Macdonald v. Macdonald , 1714, M. 16, 808; Peter v. Ross , M. 16,957; Syme , 1708, M. 16,713 ; Thomson v. M'Cubbin's Trs ., Feb. 1, 1856, 18 D. 470 ; Galbraith v. Edinburgh and Glasgow Bank , 24th March 1859, 31 Jur. 425; Addisson , 23d Feb. 1875, 2 R. 457 ; Thom , 15th June 1870, 8 Macph. 857; Hill v. Arthur , Page: 705 ↓