§ 21. Sir R. HAMILTONasked the Secretary of State for Scotland whether he is aware of a recent decision of the court of session, who held that a will, not containing in gremio a declaration that it was holograph, could not form a link in the title to heritable property, although confirmation had been granted by the commissary court proceeding on the affidavits of two witnesses deponing that the will was in the handwriting of the testator; that great trouble and expense is being caused in consequence of this decision owing to executors having to bring proceedings in the court of session and lead evidence that the will was holograph; and whether he will introduce legislation as soon as possible to provide that the affidavits in the commissary court of two witnesses deponing to the will being in the handwriting of the testator shall be sufficient to make the will a valid link in the title to heritable property?
§ Sir G. COLLINSI am aware of the decision referred to in the first part of the question. No representations have been made to me in the sense of the second and third parts of the question, and as at present advised I am not satisfied that such legislation is necessary.
§ Sir R. HAMILTONWill the right hon. Gentleman be prepared to look into the matter again if further representations are made to him?
§ Sir G. COLLINSI shall be happy to do so.