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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> John Gaw v Elisabeth Rutherfoord. [1629] 1 Brn 295 (23 July 1629)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: John Gaw
v.
Elisabeth Rutherfoord
23 July 1629 Click here to view a pdf copy of this documet : PDF Copy
John Gaw pursues Elisabeth Rutherfoord, as universal intromittrix with
her husband's goods and gear. She alleges, She cannot be convened as universal intromittrix, because her husband died rebel, and David Symson obtained the gift of his escheat, and she, by his right and tolerance, bruiked the possession of her husband's goods and gear. To the which it was replied, that the gift was taken to the defunct's own behoof, in so far as he remained still in possession so long as he lived, and no declarator sought by the donatar while two years after the defunct's decease. The Lords ordained the relict to make count, and be answerable for all her intromissions. Page 104.
The electronic version of the text was provided by the Scottish Council of Law Reporting