Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.

The Lady Harden
v.
Craigentinny

Date: 20 July 1688

Click here to view a pdf copy of this documet : PDF Copy

Sir John Nisbet having, in anno 1686, disponed, to young Craigentinny, all debts, sums of money, due by bond, contract, or infeftment, or otherwise, to him, or which should belong to him, the time of his decease, any manner of way; the Lady Harden, Sir John's daughter, confirmed, as executrix qua nearest of kin, a matter of £500 of lying money. It was alleged for Craigentinny, That the lying money fell under the disposition to him, as being sums due not upon bond, &c.; and the defunct had declared, in the said disposition, that he had sufficiently provided his daughter, whereby it appeared that he intended no more for her. Answered, That the defunct could not be understood to have disposed of all his moveables, seeing goods and gear are not mentioned; and lying money is considered as a corpus, and cannot be said to be due; but nomina debitorum come under the terms of sums due. 2. In a deed, in anno 1682, where the defunct had disponed all to his daughter, he mentioned lying money per expressum; which deed, though it be now altered, demonstrates that, in Sir John's opinion, lying money did not fall under the general sums of money. 3. In a disposition, anno 1687, by Sir John to Craigentinny, the granter having repeated the clause in the disposition 1686, he subjoins, after sums of money, these words, viz. principal, annualrents, and penalty; which certainly respects nomina debitorum. The Lords decerned in favours of the executor.

Thereafter, the Lords found also, That rents, consisting of farms, or money not paid to my Lord Dirleton, or the Lord Chamberlain, before his decease, fell to Craigentinny, as coming under the denomination of debts; but, that the victual paid in was to be esteemed under goods and gear, (which was not disponed,) and so fell to the executor. Vide No. 673, [Craigentinny against Lord Dirleton's Daughter.]

Page 34, No. 155.