John Vint v. The Lord and Lady Hawley and the Earl of Dalhousie
Date: 8 November 1712 Case No. No 6.
An heir of line served cum beneficio inventarii, having no intromission with the defunct's estate but what was exhausted by payment of preferable debts, and being debarred from the rest by a competition for preference with the heir-male, was decerned to assign the inventory to the defunct's creditor, or to pay the debt due to him. See No 12. P. 5345.
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In the action at the instance of John Vint, as creditor to the deceased William Earl of Dalhousie, and William now Earl of Dalhousie, as representing the defunct; the pursuer insisted primo loco against the Lady as heir of line.
The Lords found, that the Lady being served heir cum beneficio inventarii, and having no intromission with the defunct's estate, but what was exhausted by payment of preferable debts, and being debarred from meddling with the rest of the estate, by a depending competition with the heir-male, she is not personally liable, if she assign the inventory to the pursuer; but decerned her either to assign or to pay the sum due to him. And accordingly a day was taken for her to produce a disposition.
