The benefit of inventory found competent to every one who was in the state of apparency when the act was passed.
Click here to view a pdf copy of this documet : PDF Copy
John Dick, as a creditor to Sir Charles Erskine, pursues Sir John, as heir to his father, for payment.
The defender alleged; He was heir cum beneficio inventarii, conform to the 24th act, Parl. 1695.
It was answered; The act provides the benefit of inventory to heirs entering inter annum deliberandi; whereas the defender's father was dead several years before the act.
It was replied; The act bears, that for hereafter any apparent heir shall have access to enter by an inventory, allowing still to the apparent heir year and day to deliberate, in which time he may make his inventory; which year and day to deliberate must be understood year and day from the date of the act, where the heir's predecessor was dead before; because the privilege is given to every heir, and the year to deliberate is also competent to all, which falls in with the annus deliberandi, known in law, to such as should become apparent heirs thereafter; but, seeing the act was not limited to such as should become apparent heirs thereafter, and extended to all, the defender has the benefit of it.
The Lords found the defender had beneficium inventarii.
