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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Gilbert Williamson v The Legators of Patrick Purdie. [1628] 1 Brn 271 (26 November 1628)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Gilbert Williamson
v.
The Legators of Patrick Purdie
26 November 1628 Click here to view a pdf copy of this documet : PDF Copy
Patrick Purdie makes his testament in anno 1625; he dies in anno 1626; he declares, that he has, in bonis, L.25,000, according to extract made by himself out of his count-book, bearing the particulars; which extract and countbook he declares, in his testament, is in his chest, in the keeping of Gilbert Williamson, whom he named one of his executors, in testament. He leaves all his gear in legacies. After his decease, his executors found not his gear answerable to the sum foresaid, by a great deal, and confirm no more but about L.10,000; and raised summons against the legators to hear and see their legacies reduced to a certain portion, conform to the sum confirmed by them. It was answered, That the executors could not confirm less nor was confirmed in the defunct's testament. The Lords found, They might confirm less, upon their own hazard, seeing the legators, if they knew of any more gear, may take a dative ad omissa.
Page 238.
The electronic version of the text was provided by the Scottish Council of Law Reporting