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Elder’s Trustees v Elder: SCS 16 Mar 1895

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Succession – Conditio si testator sine liberis decesserit – Trust – Settlement – Revocation of prior will – Presumption. – While the law presumes that a will which makes no provision for children nascituri is revoked on the subsequent birth of a child, there is no presumption that a prior will which has been expressly revoked by the later will is restored, although it contains provisions for children nascituri.
[1895] ScotCS CSIH – 1, (1895) 2 SLT 579, (1895) 32 SLR 365, 32 SLR 365, (1895) 22 R 505
Bailii
Scotland

Updated: 05 March 2021; Ref: scu.279244 br>

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