Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.

John Adie
v.
John Gray

1628. January 14and 26.

Click here to view a pdf copy of this documet : PDF Copy

The son is pursued as intromitter with his father's goods and gear, at the instance of one of his father's creditors. Post litem intentam, he confirms himself executor, before year and day expire, and alleges he ought not to be pursued as intromitter, but as executor; and, therefore, should have beneficium inventarii. The Lords sustain action against him as executor, and not as universal intromitter.—14th January 1628.

In the same cause, John Adie foresaid pursues John Gray, for a debt owing by him to the defunct. John Gray alleges that he has confirmed the testament within year and day, and that, in this testament, he has confirmed himself executor dative, as a creditor; being bound for sundry debts for his father, whereof the terms of payment are past before the pursuer intented his action, and were paid by him sinsyne; which debts did exhaust the whole inventory. The Lords sustained the exception for the debts paid before the intenting of the pursuer's summons.—26th January 1628.—[See 2d February 1628.]

Page 72.