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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sarah and Elizabeth Kirktoune v The Laird of Hunthill. [1664] 1 Brn 496 (16 November 1664)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN BAIRD OF NEWBYTH.
Date: Sarah and Elizabeth Kirktoune
v.
The Laird of Hunthill
16 November 1664 Click here to view a pdf copy of this documet : PDF Copy
Sarah and Elizabeth Kirktoune having recovered a decreet against the Laird of Hunthill, as being tutor nominated to them by their mother's testament, and having comprised his estate, and intented removing thereupon; there was a reduction, intented by Hunthill, of the foresaid decreet; wherein the grounds of the confirmed testament were called for, viz. the nomination, and the act whereon the tutors had accepted. The Lords inclined that the testament, ante omnia, should be produced; and thought it might be of dangerous consequence if the assertation of a clerk should bind a tutory, and consequently an intromission and a necessity of counting; but it was waved in regard of the consequence, and the parties desired to agree.
Page 2.
The electronic version of the text was provided by the Scottish Council of Law Reporting