An executor may pay a preferable debt without sentence.
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Gallatly having pursued Skeen, as executor to the deceased Bishop of Caithness, for payment of a debt due by the Bishop; and Skeen having alleged, That the inventory of the testament was exhausted by payment to the Bishop's relict, in implement of her contract of marriage, and, it being replied, That since there was no diligence done, nor sentence recovered against the executors, they ought not to have made voluntary payment for exhausting the inventory, to the prejudice of the pursuer;—The Lords sustained the payment made to the relict for implement of her contract of marriage, in respect they found, that as to the executor, it was a preferable debt, without necessity of a sentence. Nota, It hath been otherwise decided in January 1688.
