If there be a Co-executor. - If the Executor die before obtaining Sentence. - Every creditor may take decree, and the defence of exhaustion will be reserved contra executionem.
Sir Stephen Culross v. John Balvaird
Date: 14 March 1548 Case No. No 69.
A co-executor dying before sentence; the office accresces to the snrviving executor.
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Gif thair be twa or mae executouris to ane persoun that is deceist, and ony of thame lauchfullie refusis the office of executorie, or zit acceptis the samin, and thairefter happins to deccise, the haill office of executorie aucht and sould pertene to the uther as executour in solidum, and na part thairof to the executour of the executour that is deceist.
Fol. Dic. v. 1. p. 277. Balfour, (Executor.) No 14. p. 221.
