Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN BAIRD OF NEWBYTH.

James Pollock
v.
The Relict of his Deceased Father

Date: 9 November 1666

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Umquhile John Pollock, having granted a bond of 5000 merks to James Pollock, his second son, payable after the granter's decease; John being deceased, his son James pursues the relict, wrbo was executrix to her husband, for payment of the sum.

The Lords sustained process, and hoc loco repelled all the defences proponed for the executrix; viz. that the inventory of the testament was exhausted, by sentences, recovered at the instances of other lawful creditors, and payment made conform: and that the bond is a legacy, granted by a father to his own son, to be paid after his decease; and so cannot take effect so long as there are any debts due by the defunct: and that the bond is null, by Act of Parliament 1621, as being granted by a father to his own son; without any onerous cause, in prejudice of his anterior lawful creditors, who concur with the executrix. Notwithstanding of all which, the Lords repelled the whole defences, hoc loco, as said is; but ordained the defender to have suspension without caution or consignation.

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