Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Margaret Johnston, Lady Bogie, v. The Creditors of Sir John Weymes of Bogie
1679 and 1680.
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1679. January 17.—Sir John Weymes of Bogie having deceased in the tolbooth of Edinburgh; upon a bill given in by Margaret Johnston, (Warriston's daughter,) his lady, the Lords ordained the factors for the creditors to pay out of his estate 500 merks for his funerals; as also, to pay Patrick Vanse's dues as keeper, the time he was in prison. Vide infra, 25 th Feb. 1679.
Vol. I. Page 34.
1679. Feb. 25.—Margaret Johnston, relict of Sir John Weymes of Bogie, upon a bill craving a yearly aliment from her husband's creditors, got modified to her by the Lords 600 merks for her expenses, mourning clothes, and trouble, in burying of her husband, albeit the Lords (17th January last) then modified 500 merks for defraying his funeral expense; and this albeit the creditors were all legally secured, conform to the laws of the kingdom, long before her contract of marriage, which she then knew; and so was in mala fide et in lucro captando, and they in damno vitando, and many of them very poor, and who by his being bankrupt would lose part of their sums.
Vol. I. Page 44.
1680. June 29.—In the Lady Bogie's case against her umquhile husband's creditors, (Vide 25th Feb. 1679) besides what they modified before for his burial, (which, he dying bankrupt, ought not to have been sumptuous,) they now ordained her upon oath to depone upon the truth of some further articles of debursements given out by her, that they might modify a farther gratification to her; seeing, if the creditors would be inhumane and cruel, yet the Lords might modify a sum for his funeral charges to come off his creditors. But this was thought a stretch of law, and that they had modified enough already for the burial of one who died in the tolbooth of Edinburgh.
