Scottish Court of Session Decisions

Subject_1 EXECUTOR.

Creditors of Murray
v.
His Relict

1744, Nov. 27.
Case No. No. 15.

Click here to view a pdf copy of this documet : PDF Copy

Marquis Annandale being debtor by an open account to Hugh Sommerville, his Commissioners gave a precept on his factor to pay the money to Mr Geddes and Mr Murray, they giving their discharge. Mr Murray had confirmed his wife executrix to her father, but did not give up this and his own agent-accounts, and Mr Murray died before the money was paid. His relict and Mrs Geddes afterwards eiked this to the testament, and compete with Mr Hugh Murray's, her husband's, creditors. Arniston, President, Dun, and I, and even the was of opinion for the husband's creditors, and all that spoke except Lord Tinwald. However, the procurators for the Lady moved for a hearing. We ordered one for Friday;—and after full hearing we found that the whole deads part of executry was established in the nearest of kin by confirmation, so as to transmit to their assignee voluntary or legal, notwithstanding that sundry particulars had been therein omitted. 1st December. Con. were Haining, Strichen, Kilkerran, Tinwald.—23d January 1745 Adhered, renit. Kilkerran and Tinwald.