Lumsden and another v Lumsden

Civil procedure – Interim interdict – Construction of will and codicil. Court of Session: In proceedings in which the pursuers contended that a will and codicil should be read as requiring the defender to ensure that their rights to development profits were guaranteed in all time coming by the imposition of a burden on the title to an estate, and that unless interdicted he would convey the estate to a third party free of arrangements giving effect to the condition which ought to attend the title, the court recalled an interim interdict granted earlier, holding that the pursuers' averments and submissions disclosed at best a weak prima facie case and that the balance of convenience did not favour the grant of interim interdict.

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