Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
The Incorporation of Tailors of Edinburgh v. Litlejohn's Children and their Tutors
Date: 11 July 1677
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Thomas Litlejohn having left a legacy of 500 merks to the trade and incorporation of the tailors of Edinburgh, they pursue his children, as executors, &c. with their tutors and curators, for payment, before the Commissaries of Edinburgh, and obtain a decreet: which thereafter they suspend on thir two reasons.—1mo, That they were confirmed executors-creditors to their father, on their bonds of provision and mother's contract of marriage, and so were not liable to pay legacies, 2do, Andrew Litlejohn, the tutor, craved preference as to his legacy of L.1000.
Answered to the first,—The oldest son behoved to be liable, for he accepted of a disposition of his father's haill estate, with the burden of debts and legacies. Vide supra, No. 524, Catharine Mitchell's case, (December 14, 1676.) As to the second, theirs had a privilege, being ad pias causas, for maintenance of their poor. 2do, He was in mala fide to accept a legacy, being a witness in the testament, and tutor, especially so considerable a sum: Nam qui adscribit sibi legatum in testa-mento, non tantum amittit legatum, sed et punitur ut falsarius. See Mereier's Re-marques du Droit Franfois, pag. 193; see Cujace in Paratitlo C. De his qui sibi ascribunt in testamentis; see the information of this cause.
Reidfuird repelled the reasons of suspension, and found the letters orderly proceeded.
