The heir cum beneficio must pay the value of the estate, though the ranking of the creditors is not concluded.
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The creditors of a defunct, whose heir had served cum beneficio, having had many disputes among themselves, and finding it not likely that the ranking was soon to terminate, applied to the Lords to have the heir obliged, either to show a separate estate, or to find caution for their payment, or that the estate should be sequestrated. None of which the Lords being inclinable to grant, the creditors at last fell on a fourth expedient, with which the Court complied, namely, “To ordain the heir to pay up the price and annualrents thereof to a factor to be named by the Lords;” only so far as he was creditor himself, they allowed him ‘ to retain upon caution.’
Fol. Dic. v. 3. p. 261. Kilkerran, (Heir cum beneficio.) No 3. p. 239.
