Scottish Court of Session Decisions

Subject_1 SUCCESSION.
Subject_2 SECT. II.

Succession of Moveables ab intestato.

Walter Riddell
v.
-

Date: 13 February 1663
Case No. No. 20.

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Walter Riddell, as executor dative confirmed to one Liddell in the Canongate, pursues his debtors to pay. Compears a donatar, as ultimus hæres and craves preference. The pursuer answered, first, His gift was not declared; 2dly, He offered to prove the defunct had an agnate, viz. an uncle, or an uncle's son; which the Lords found relevant to be proven by witnesses.

Stair, v. 1. p. 179.