Where the executor has been confirmed. - Where the party died at the horn:
Anderson v. Anderson
Date: 23 January 1678 Case No. No 170.
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If he, as executor to his brother, could deduce a third of the legacies for his pains in executing the office, conform to the act in 1617? Alleged, 1mo, The act speaks of strangers, which he is not; 2do, It allows deduction from off legitims, but not off legacies, as is clear by Durie.
1678. January 28.—The Lords found the defenders having omitted to confirm some moveable sums lying in Holland, which he knew of by the count books, and intromitted therewith, they found it dolose omit, and they made him liable for that super-intromission, without putting the pursuer to take a dative ad omissa; so that the Lords inclines to find such super-intromission no less a passive title than vitious intromission.
