Brock v. Brock [1908] ScotLR 858 (12 June 1908)

Brock v. Brock [1908] ScotLR 858 (12 June 1908)

A witness to a deed need not have prior personal knowledge of the testator if credible information is provided at the time of execution and the testator acknowledges the signature; thus, the statutory requirements for attestation were satisfied and the codicil could not be set aside on this ground.

Citation
[1908] ScotLR 858
Parties
Pursuer (respondent): Alexander Brock; Defender (reclaimer): John Brock
Jurisdiction
Scotland
Judgment Date
12 June 1908
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Decree of Reduction
Outcome
interlocutor of the Lord Ordinary recalled; defender assoilzied (absolved)
Legal Topics
Attestation of Wills, Witness Knowledge of Testator, Statutory Requirements for Execution of Deeds, Forgery
Succession Law Evidence Law Attestation of Wills Witness Knowledge of Testator Statutory Requirements for Execution of Deeds Forgery

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Parties

Alexander Brock

Pursuer (respondent)

John Brock

Defender (reclaimer)

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary's Decree of Reduction

Legal Issues

  1. 1 Whether the codicil was invalid due to alleged forgery of the testator's signature
  2. 2 Whether the execution of the codicil was defective under Act 1681, c. 5, due to insufficient knowledge of the testator's identity by a witness

Ratio Decidendi

A witness to a deed need not have prior personal knowledge of the testator if credible information is provided at the time of execution and the testator acknowledges the signature; thus, the statutory requirements for attestation were satisfied and the codicil could not be set aside on this ground.

Court Disposition

interlocutor of the Lord Ordinary recalled; defender assoilzied (absolved)

Orders

  • Decree of reduction on the ground of forgery recalled
  • Defender assoilzied (absolved)