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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Phin v Guthrie. [1738] 1 Elchies 240 (15 June 1738)
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Subject_1 LEGACY.
Phin
v.
Guthrie
1738 ,June 15 .
Case No.No. 5.
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This petition makes the distinction betwixt legacies and fidei-commissa, very ingeniously, and I incline to be of the opinion of the petition, but as no answers were put in, because there was no more than would pay the particular legacies, I thought a point of that importance should not be unnecessarily determined ex parte, and therefore moved to remit it to the Ordinary, but the President was keen to have it determined, and the Lords found Guthrie the executor liable to hold count in the terms of his oath.
The electronic version of the text was provided by the Scottish Council of Law Reporting