Administrator's Oath, if relevant against his Constituent?
Ker v. La Covington.
Date: 13 March 1627 Case No. No 325.
An executor was sued for a debt, the verity whereof was referred to her oath. Found, that her oath should only affect her own claims on the executry, not those of others.
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In an action betwixt Ker, tailor in Edinburgh, and La. Covington, who was convened as executrix to her husband for payment of a debt owing by her husband to him, the verity whereof was referred to her oath, in place of all other probation, and she contending that she could not be compelled to give her oath thereupon, because if sentence should follow upon her oath, it would not be a ground to infer exoneration to her, for the defunct's other creditors would not allow payment to be made, conform to that sentence;—the Lords found, That she ought to give her oath, and that the sentence to follow thereupon, if she granted the debt, should only be prejudicial to herself, in so far as she might have any benefit as relict, or legatrix, or executrix to the defunct, but that the same should not be prejudicial to any other of the true and lawful creditors of the defunct, or his other legatars; and therefore they ordained the pursuer to find sufficient caution to repay the said sum to be recovered by him against the executrix upon her oath, in case that she should be distressed by the other creditors or legatars of the defunct, if the rest of the defunct's goods contained in the testament should be exhausted by their debts and this order they found ought to be observed, when the like case occurs.
