Subject_1 EXECUTOR.
Cornett Ogilvie
v.
Stewart
1737 ,July 5 .
Case No.No. 3.
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The Lords altered the interlocutor, and because of the executrix's renunciation of the office in England, found she or Matthew Stewart has no right to sue for this note; and separatim sustained the discharge by the administrator, reserving Matthew Stewart's action against the administrator in England as accords. This carried by a great majority, inter quos Arniston, though he had been Lawyer and wrote the answers for Mr Stewart.
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