Scottish Court of Session Decisions

Subject_1 EXECUTOR.

Margaret Moubray
v.
Agnes Simpson

1741, Feb. 26, 27.
Case No. No. 8.

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Several of us, particularly the President, Drummore, and I, thought that all executors whether creditors or nearest of kin being confirmed, must communicate cases of all transactions made after confirmation; 2dly, That executors-creditors are not obliged to communicate the benefit of transactions before they were decerned; 3dly, That neither are they obliged to communicate eases obtained betwixt the decreet-dative and the confirmation. Arniston differed as to this last. But as the defender here was relict of the defunct, and by law had a share of executry unless excluded by contract of marriage, 2dly, we were told that the transaction with Primrose the creditor was in effect to pay him out of the executry,—we delayed till these writs were produced;—and on the 27th in respect of the contract betwixt her and Primrose, where she acts as executrix, obliges herself to confirm and assign a subject part of the executry to Lord Primrose in security of the debt,—remit to the Commissaries with instructions, that they cause the executrix communicate the benefit of the transactions.