An Executor has the only Title to Intromit with the Subjects Confirmed.
Dougall v. Henderson
Date: 11 March 1623 Case No. No 26.
Found the reverse of No 22, p. 3842.
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In an action betwixt Dougall and Henderson, an obligation being granted to a woman, and to her husband, to be paid to them; the husband living a long space after the decease of the wife, and thereafter the husband dying, the Lords sustained an act of registration pursued at the instance of the wife's executors, for registration of this obligation, albeit it was objected, that the sum pertained, and was in bonis mariti, and so that his executors behoved only to have that action of registration competent to them, and if the wife, or her executors had any right to the money, or any part thereof, contained in the bond, the husband's executors should be answerable to them therefor, which reason was not found relevant. But The Lords declared, that execution should only pass at the instance of the wife's executors, for one half of the sums only belonging to the wife.
