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A relict pursues her bairns, executors confirmed, and their tutors, for her third of the goods omitted out of the confirmed testament, partly intromitted with by the tutors, and partly omitted by them, in giving up, wherewith they might intromit, seeing the Commissary was not in use to give a dative to a relict ad omissa for her third part where a testament was confirmed. The Lords ordained her to take a dative ad omissa, and to call the tutors to hear and see the same given; and ordained the tutors to be answerable to her for her third part of all that they had intromitted with and omitted.
