Of Superior and Inferior Commissaries and their Privileges.
Crichton v. Kilpatrick
Date: 24 December 1606 Case No. No 267.
Found that inferior Commissaries have had no power to issue confirmations dative ad omissa.
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In an action betwixt Crichton and Kilpatrick, anent the goods of a defunct, to whom they were both confirmed executors, by two several testaments dative, the Lords found, That the party who had last confirmed, had no right; and that when a testament was once confirmed, no other party could have right by a posterior testament dative, unless it were an dative ad omissa, which was not in this case. Farther, the Lords found, That inferior Commissaries have had no power to confirm datives ad omissa.
