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In a pursuit for payment of 500 merks, against the executor dative to the maker of a bond decerned and confirmed, whereby the maker was obliged to leave to the pursuer 500 merks, to be paid by his executors after his decease; it was found, that the bond of this tenor was but as a legacy, and so that it behoved only to affect the defunct's part of the goods confirmed, if it extended to that sum, and was not respected as a bond to make up a full debt, which would affect the whole goods of the testament.
1631. January 20.—The bond whereupon this pursuit was intented being alleged to be null, because it was made by one Scotsman to another, and was not subscribed by the maker thereof, but only by the first two initial letters of his name and surname, which non constat to be written and put to by himself, nor by two notaries before four witnesses, as is requisite by the laws of Scotland, the Lords repelled the exception, and sustained the bond, having the two initial letters of the party subscribed thereto, and done before witnesses, and done in Ireland; neither was it found necessary, that the pursuer should be holden to prove, that the party was in use to subscribe after that manner.—See Writ.
