Scottish Court of Session Decisions

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

Graham and His Curators
v.
Gilbert Williamson

Date: 26 March 1631

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Gilbert Williamson, being creditor to umquhile Thomas Graham, hearing that he perished coming out of the easier seas, confirms a dative as a creditor to the defunct, within eight days after word came home of his debtor's decease; albeit the term of payment contained in his bond was not come. The defunct's friends intent a reduction of this dative testament, at the instance of the defunct's son, being an infant, with concourse of all the defunct's creditors, seeing the said Gilbert was not nearest of kin, and his preposterous diligence ought not to prejudge the rest of the creditors, in respect it was offered in name of the bairn, that he, being decerned executor, should find caution to make the goods of the defunct forthcoming to all the creditors, that all may be satisfied, or at least every one of them may receive payment pro rata. The Lords reduced the dative, and ordained the bairn to be confirmed executor, and a good cautioner to be found to collect the haill defunct's debts; and thereafter the Lords will have consideration of the said Gilbert Williamson his diligence.

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