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Heritable property – Title to share of house – Purported revocation of survivorship destination. Court of Session: In a dispute about the ownership of a house which was disponed to the pursuer and his late wife 'equally between them and to the survivor of them', the wife having then executed a codicil purporting to revoke the survivorship destination in favour of the pursuer and her executors having sought confirmation on an estate which included her one‑half joint pro indiviso share of the house and granted title to that share to first defender, the court held that the first defender had stated no relevant defence to the proposition that the terms of the codicil did not operate to revoke the special destination, his case under s 1 of the Prescription and Limitation (Scotland) Act 1973 was bound to fail, and he had failed to plead a relevant case of acquiescence.
Heritable property – Title to share of house – Purported revocation of survivorship destination. Court of Session: In a dispute about the ownership of a house which was disponed to the pursuer and his late wife 'equally between them and to the survivor of them', the wife having then executed a codicil purporting to revoke the survivorship destination in favour of the pursuer and her executors having sought confirmation on an estate which included her one‑half joint pro indiviso share of the house and granted title to that share to first defender, the court held that the first defender had stated no relevant defence to the proposition that the terms of the codicil did not operate to revoke the special destination, his case under s 1 of the Prescription and Limitation (Scotland) Act 1973 was bound to fail, and he had failed to plead a relevant case of acquiescence.
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