Sir Laurence Scot of Clerkington, v. The Lady Clerkington
Date: 21 February 1668 Case No. No. 33.
Title to pursue upon a licence, sustained after confirmation of the principal testament, and before confirmation of datives ad omissa.
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Sir Laurence Scot of Clerkington having obtained himself to be executor surrogated ad omissa et male appreciata of his father's testament, and having obtained licence to pursue, pursues the Lady Clerkington as principal executrix, who alleged no process upon the licence, because licences are only competent to executors principal, before there be any confirmation, after which the Commissaries neither use, nor may give licence ad omissa, as was found the 14th of December, 1621, Halliday against——, No. 59. p. 3871. observed by Durie. The pursuer answered, that there was more reason to sustain licences after the principal confirmation, when the best of the inventory was given up, and what remained was uncertain, and for the practique the Lords had since allowed licences after confirmation.
The Lords repelled the defence, and sustained the process upon the licence.
