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An executour may renunce the office of executrie in presence of ane Judge, except he, as executor, has intromitted with ony gudis or geir pertening to the deid; for in that cais he may not renounce, because res non est integra.
The like decided 7th March 1569. Alexander Murray's renunciation.
Fol. Dic. v. 1. p. 273. Balfour, (Executor) No 13, p. 221.