Hamilton, petitioner

Will – Validity – Holograph will or writing– Testamentary effect. Sheriff Court: Allowing an appeal by a petitioner who sought special warrant to issue confirmation as executor nominate of her deceased sister qua her residuary legatee, the court held that the sheriff had erred in refusing the application and finding that the holograph will or writing at deceased's hand which the petitioner relied upon lacked the necessary testamentary intention; the meaning of the document in the sense of it being a will was obvious and unequivocally set out the deceased's wishes and testamentary intentions.

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