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A donatar of ultimus hæres, though liable to the defunct's debts in valorem of the subject, is not in the case of an executor, who must fairly account for the subjects confirmed, and cannot defend himself upon singular titles; therefore, a donatar of ultimus hæres was allowed to compete with the creditors upon a gift of recognition acquired by him.
Fountainhall.
*** This case is No. 63. p. 6487. voce Implied Discharge.
*** It is mentioned in this case, that, in a case then decided, Galbreath against Deans, the Lords had found that a donatar of ultimus hæres and bastardy could not afterwards purchase a gift of escheat to cut off the bastard's creditors.
