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A woman, being charged by the Commissary of Dumfries to confirm her husband's testament, sought advocation, alleging, That her husband was not known to be dead, without probation whereof she could not be compelled to confirm. The Lords advocated the matter, and ordained the woman to find caution to make the gear furthcoming, and in as good case as they were the time of the edict, in case it be proved, that her goodman was dead; because it was affirmed, that her husband being a merchant, and having made sail three years ago, neither ship nor men were returned, but were reputed perished, and many of the rest of the merchant's testaments were confirmed.
