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Where, in a process upon the passive titles, it is objected, that the person is still alive, a decree-dative, nor even a confirmation, will not be proof of the death, because there is no cognition of the death taken in confirmations; and therefore, in this case, where no circumstances were condescended on to instruct the person's death, other than a decree-dative, the Lords found, that the person's death must be further instructed.
