Subject_1 GENERAL ASSIGNATION. Subject_2 SECT. II.
Relative to Thirlage. - Legacies. - General Clauses in Assignations. - What a General Assignation will carry.
Oswald v. Mortimer
1683.
November. Case No. No 6.
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Found that nomina debitorum were comprehended under a legacy of goods and gear. The like was found contra John Thomson in Lanark, anno 1692.
Fol. Dic. v. 1. p. 339. Harcarse, (Legacies.) No 663. p. 189.*** This case is also reported by Fountainhall:
In the case of James Oswald in Kirkaldy, contra Mortimer, reported by Saline; “The Lords found where a man had nominated his wife executrix, and universal intromissatrix, with all his debts, sums of money, goods and gear, and afterwards leaves to ——— a special legacy payable out of his goods and gear; that this legacy extended and affected even a third of the sums of money and debt, though the testator did not so fully enumerate and repeat them in the legacy, as in the institution of the executor, but said only goods and gear; which seemed to contradistinguish them from sums of money mentioned by themselves before.” And yet goods and gear, bona et utensilia seem to be words of a most general and comprehensive signification.
