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Henderson v Hedrich

Rettie, Crawford & Melville, Court of Session Cases (4th Series) Rettie, Crawford & Melville, Court of Session Cases (4th Series) Cited authorities 3 Cited in Precedent Map Related
Vincent
JurisdictionScotland
Judgment Date22 November 1892
Docket NumberNo. 25.
Date22 November 1892
CourtCourt of Session
Court of Session
1st Division
No. 25.
Henderson
and
Hedrich.

Proof—Testament—Facility and circumvention—Medical reports during testator's life.

On 28th April 1892 Mrs Elizabeth Barron or Henderson and others raised an action against Franz Hedrich and another, trustees under an alleged trust-disposition and settlement by Mrs Elizabeth Adie or Barron, widow of George Barron, W.S., for reduction of the said trust-disposition and settlement on the ground of facility and circumvention. The case having been set down for jury trial, the defenders moved for a diligence for the recovery, inter alia, of medical reports on the health of the deceased obtained by the pursuers during her lifetime from certain doctors named. The pursuers objected, arguing that this was practically an attempt to obtain their precognitions of their medical...

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