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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Peacock
v.
Peacocks
18 July 1628 Click here to view a pdf copy of this documet : PDF Copy
Where three executors are confirmed, and one of them, having intromitted with his own third part, departs this life, leaving the other two executors in life; a creditor to the defunct, to whom they were all three, conjunctim, executors, pursues the two executors, in life, for payment of the debt;—it was alleged by them, that the defunct executor who was intromitter with the third part of the executry, ought to be called, or some person to represent him. The Lords found no necessity, except the two executors in life would allege that all their parts of the executry would not suffice to pay the debt.
Page 74.
The electronic version of the text was provided by the Scottish Council of Law Reporting