Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
My Lord Ramsay and his Children v. The Earl of Wigton
Date: 16 July 1670
Click here to view a pdf copy of this documet : PDF Copy
This was a pursuit at my Lord's instance, as tutor and administrator of the law to his children, and at their instances as nearest of kin to the deceased Sir William Fleiming who died at London, against the Earl, as he who has intromitted with the said Sir William his moveable estate in England; for making count, reckoning, and payment to them of the same, as being nearest of kin.
The first defence was, ye have no interest to crave this count unless you can show a right of administration in your person. Answered, Ought to be repelled, because the Earl, defender, has obtained the administration already from the Prerogative Court in England, and so must be countable.
The second was, They offered them to prove that Sir William, by a nuncupative testament, did nominate the defender his sole executor; which is valid by the law of England, and must be sustained for giving him interest in the English estate; and this they offered to prove by witnesses. This was found relevant.
Then 3tio, Esto, he were the person who has procured jus executionis et administrationis, then it is offered to be proven, by the custom and law of England, that an administration is such a title as it makes him noway countable, neither to the nearest of kin nor any others; and so he must be assoilyied from this pursuit This was found relevant to be proven by the Judges of that Court, and a commission was granted to that effect.
