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Whitelaw reported to the Lords a query, in the case of one Foubister, who left only a son and a daughter. She married, and in her contract had accepted of a tocher, and given a renunciation of all she could ask or crave. Now, her brother offering to confirm executor, she interposed, and craved the office, in regard he could not be both heir and executor, and she was willing to collate her tocher with him. Answered, She had renounced. Replied, She was still one of kin.—The Lords found she was to be repute as out of the field, and that the sole office and benefit accresced to her brother.
Fol. Dic. v. 1. p. 544. Fountainhall, v. 1. p. 647.
