In how far, and by what means, the executor is constituted proprietor.
Mary Nasmith v. Commissaries of Edinburgh
Date: 11 February 1778 Case No. No 93.
Found in conformity with Brodies against Stephen, No 90. p. 3911.
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The whole effects of a defunct being inventoried and appretiated by the Commissaries, a partial confirmation, to a small amount, was demanded by the executrix, Nasmith, which the Commissaries refused to grant.
The Lord Ordinary refused a bill of advocation against this judgment; but, upon advising a reclaiming petition and answers, the Court were of opinion, that the Commissaries are obliged to grant confirmation upon any part of the defunct's effects that shall be offered them for that purpose. This judgment was given upon the same grounds as in the case Agnes and Jean Brodies contra the Commissary-depute of Murray, 10th August 1753, No 90. p. 3911. The only difference betwixt the two cases was, that, in the former, a partial inventory of the effects had only been made, to the extent of which the confirmation was demanded. This was not considered by the Court as forming any distinction of consequence betwixt that case and the present.
The Court ‘remitted the bill of advocation to the Commissaries, with instructions to allow the confirmation to proceed, as craved by the petition.’ See Nearest of Kin.
For Commissaries, Solicitor General.Alt. C. Hay.Clerk, Tait.
Fol. Dic. v. 3. p. 191. Fac. Col. No 13. p. 26.
