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Subject_1 Succession Subject_2 Will Subject_3 Reduction Subject_4 Undue Influence — Confidential Relationship — Paramour — Testamentary Provisions in favour of Paramour and her Child to Detriment of Legitimate Children. Facts: A testator whose wife was in an asylum left the great bulk of his property to his mistress (to whom he had previously made large gifts) and their illegitimate son. A legitimate son brought an action of reduction. Facility was not proved.
Held that the relationship existing between the testator and his mistress was not such that the natural and legitimate consequence was trust and confidence on the one side and influence on the other, as in the case of client and lawyer, and that accordingly there was no room for the plea of “undue influence.”
George Turnbull M'Kechnie, youngest lawful son of the deceased John M'Kechnie, raised an action of reduction of his father's trust-disposition and settlement dated 11th January 1904, and a codicil thereto dated 16th September 1904. The defenders were Miss Jemima White (otherwise known as Mrs M'Kechnie) and others, the trustees acting under the said settlement, and the said Miss White as an individual.
The pursuer pleaded—“(1) The said trust-disposition and settlement and the codicil thereto not being the deeds of the testator, decree of reduction should be pronounced. (2) Or otherwise, the pursuer is entitled to reduction as concluded for, in respect that at the time of executing the said trust-disposition and settlement and the said codicil thereto the said John M'Kechnie was weak and facile in mind and easily Page: 39 ↓
On 6th March 1903 the testator, who was then possessed of property of over £12,000 in value, executed a trust-disposition and settlement, the effect of which, roughly speaking, was to divide his estate between his legitimate family on the one hand and Miss White and her son on the other, Miss White receiving legacies of £1500 and £2000 (the latter, however, subject to a liferent to the brother Alexander), her son receiving a legacy of £2450.
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