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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Executors of The Bishop of Dumblane v - [1564] Mor 3842 (23 March 1564)
URL: http://www.bailii.org/scot/cases/ScotCS/1564/Mor0903842-022.html
Cite as: [1564] Mor 3842

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[1564] Mor 3842      

Subject_1 EXECUTOR.
Subject_2 SECT. IV.

An Executor has the only Title to Intromit with the Subjects Confirmed.

Executors of The Bishop of Dumblane
v.
-

Date: 23 March 1564
Case No. No 22.

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A legatum nominis being left, the executor nevertheless, and not the legatar, was found to have right to pursue for it; because the debt, quot, &c. must first be deducted.

Fol. Dic. v. 1. p. 273. Maitland, MS.

*** The like was found, 9th December 1628, Mackie against Dunbar, No 18, p. 1788.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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