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Found that in a general declarator of a defunct's escheat, all the nearest of kin of the same degree, who had interest in the executry, ought to be called, and that it was not enough to call the relict, who had right in law to the half, there being no children; because some of the nearest of kin might produce a discharge of the debt, the ground of the horning, which would exclude the escheat as to any part of the goods; but the Lords allowed them to be cited cum processu.
Fol. Dic. v. 1. p. 136. Harcarse, (Escheats.) No 416. p. 113.
