Subject_1 SERVICE AND CONFIRMATION.
David Wilson
v.
Martin
1734 ,July 16 .
Case No.No. 3.
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The Lords were of opinion as the Commissaries had been, that one being confirmed executor qua nearest of kin who was not nearest of kin, the confirmation is not void and null, but the executor is obliged to denude; and therefore in this case they remitted to me to hear the petitioner and the surviving sister how far they were obliged to denude.
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