Citation in Process at the Instance of a Legatee. - At the instance of an Assignee. - In Process of Locality. - Of Pension. - Of Declarator of Extinction or Payment.
Dundas v. His Goodsire's Executors
Date: 31 January 1639 Case No. No 38.
One legatee need not call other legatees.
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George Dundas, Oye to the Goodman of Newliston, pursues the Executors of his umquhile Goodsir, for payment of 500 merks, left him in legacy by his Goodsir, by a codicile made after his testament, bearing this legacy; and the defender quarrelling this alleged codicil, as not sufficient to give him right to the legacy, in respect there was a perfected principal testament bearing no such legacy; and this note made thereafter, is but a testificate made and subscribed by Mr John Boog, minister of the parish, wherein the defunct died, which is neither subscribed by the testator, who could write, nor by the minister in his name, and at his command; but is only given out under the form of a notary's instrument, and so wants all formal solemnities requisite to acts testamentary, to which the law only privileges ministers to be notaries; attour, the process cannot be sustained, except all the legatars in the principal testament were called thereto; these allegeances were repelled, and the codicil sustained, being in substance and matter found good in itself; and no necessity was found to call the the rest of the legatars. See Writ.
