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Corbet of Towcorse pursues a reduction of a decreet at his instance against Hardray, in anno 1656, before the Commissioners for administration of justice, wherein this point was debated, that it being referred to the oath of Hardray, who was executor to Towcorse's mother, and married his sister, that Towcorse had paid to his mother £800 Scots. Hardray deponed that he was eye-witness to the delivery of that sum; but it being alleged, that an executor's oath could not prove against the legatars, whereupon it was not sustained; which was alleged unwarrantably done as to this point, that there being two universal legatars, whereof one is the executor's own daughter, as to his daughter's interest the father's oath should be sufficient, or at least the daughter being now come to age, should be examined upon her oath of credulity, whether she believes her father's oath to be true.
The Lords found the executor's oath, albeit the father, was not a sufficient probation against his daughter, being but the testimony of one who in this case was not a party, but a witness; but appointed the daughter and her husband to depone, whether they knew that this sum was paid by Towcorse to his mother or not, and that her father's oath should be produced to her as a ground of her knowledge.
