“LIEGE POUSTIE; is that state of health which gives a person full power to dispose mortis causa, or otherwise, of his heritable property. The term, according to our institutional writers, is derived from the words legitima potestas, signifying the lawful power of disposing of property at pleasure. It is used in contradistinction to deathbed — a liege poustie conveyance being a conveyance not challengeable on the head of deathbed …. The tests of liege poustie, opposed to the presumption of deathbed, are survivance during sixty days, and going to kirk or market unsupported.” William Bell, Bell’s Dictionary and Digest of the Law of Scotland 662 (George Watson ed., 7th ed. 1890).
“[A] liege poustie conveyance being one not challengeable by the heir on the ground of death-bed. This condition of health the granter of a deed was held to have enjoyed, if at the time of granting it he was not affected by the disease of which he died, or if, after executing it, he attended kirk or market, unsupported, or survived for sixty days.” John Trayner, Trayner’s Latin Maxims 329 (4th ed. 1894).
