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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Bailie Garshore, &c. v Brand, Relict of Weir. [1683] 2 Brn 43 (00 March 1683)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Bailie Garshore, &c
v.
Brand, Relict of Weir
1683 .March .Click here to view a pdf copy of this documet : PDF Copy
Not only do commissaries prefer wives for their provisions to the office of executors; but even in a competition between a relict and other creditors, where the children were nominate and confirmed executors in a testament testamentary, the Lords would not bring in the parties pro rata, but preferred the relict primo loco, seeing the debt exceeded the estate. But the parties did afterwards settle, and the point was not fully considered. Vide No. 478, [Keith against Keith, 17th February 1688, Diet. 11,833.]
Page 124, No. 455.
The electronic version of the text was provided by the Scottish Council of Law Reporting