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An executor who had not recovered the effects, obtained suspension of personal diligence against him.
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Shaw being confirmed executor to his brother a factor at London, and divers decreets being recovered against him, at the instance of the defunct's creditors; he desired a suspension upon that reason, that he had done diligence to recover the defunct's debts and goods; and that he could not satisfy the decreets obtained against him, until he should recover the defunct's estate; and that he was content it should be divided amongst the defunct's creditors, according to their diligences; and therefore craved a suspension without caution, being content to make faith that he could not get a cautioner.
The Lords past a suspension as to personal execution only.
