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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> John Paterson and His Curators v Mawchan. [1628] 1 Brn 243 (23 January 1628)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: John Paterson and His Curators
v.
Mawchan
23 January 1628 Click here to view a pdf copy of this documet : PDF Copy
Four bairns are confirmed executors to their father. Three of them decease; and the fourth bairn survives the rest; and, with consent of her curators, summons him who was last tutor to the whole bairns, to make count of his intromissions. The tutor alleges that he could not make count to the pursuer, but only of so much as concerned her part, seeing the rest of the bairns, who were deceased, had other executors who might convene him for a new count. The Lords found, That he ought to make the count of the whole, that it might be known what was due to the pursuer for her own part; and reserved to him his defences, after count, concerning those parts which pertained to the other three bairns.
Page 27.
The electronic version of the text was provided by the Scottish Council of Law Reporting