Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
The Commissaries of Edinburgh v. The Executors of Robert Hamilton
Date: 8 November 1677
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The executors or nearest of kin of Robert Hamilton in Newbottle having been charged by the Commissaries of Edinburgh to confirm his testament, they gave in a bill of suspension, on this reason, that he had inter vivos made an assignation and disposition of all his moveable goods in favours of ——; and so not being in bonis defuncti, but he denuded, they ought not to be confirmed. The Lords repelled, in November, 1677, the reason: both in regard the assignation was not intimated in the lifetime of the cedent, and that it bore a clause empowering the disponer to alter it at his pleasure; and so it was reputed to be but done in defraud of the confirmation, since it was not absolute.
