If there be a Co-executor. - If the Executor die before obtaining Sentence. - Every creditor may take decree, and the defence of exhaustion will be reserved contra executionem.
Isbrand and Gerard Shinks and their Factor v. The Earl of Roxburgh
Date: 29 November 1677 Case No. No 80.
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The Lords sustained these pursuers’ title as executors and having licence, notwithstanding their mother had confirmed this same debt, owing by the Earl's father when he was a Colonel in Holland, to their father; and found they needed not confirm executors to the mother, because she died before the testament was executed, and that the same could not be repute executed, till there was a sentence.
