Scottish Court of Session Decisions

Subject_1 EXECUTOR.

John Norris
v.
Bethia Law

1738, Dec. 6.
Case No. No. 6.

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A widow having confirmed her husband's testament omitted his first wife's tocher of 2000 merks. Another creditor raised an edict ad omissa, and the executor craved to be preferred and to have it eiked to her confirmation because not dolose omitted, having been discovered by her to a meeting of her husband's creditors before the confirmation, but left out because it was payable only after the debtor's death, who was and is still alive; and the other denying that discovery and insisting on the point of law, that being omitted he who raised the first edict ad omissa should be preferred, I am told, (being myself in the Outer-House) that the Lords before answer allowed the executrix to prove the above fact.