[1744] 1 Elchies 124
Subject_1 EXECUTOR.
Blair
v.
Dun
1744 ,Dec. 18 .
Case No.No. 16.
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My opinion here was founded on a point not at all mentioned in the papers, viz. Whether an executor nominate is liable further than he actually confirms or intromits with, though he knew of the other debts?—and it carried pretty unanimously that he was not liable either to creditors or nearest of kin;—and found that a depending process of count and reckoning for that executry was no sufficient ground of compensation or retention of any liquid debts due by Blair the executor to Dun.
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