Scottish Court of Session Decisions

Subject_1 HUSBAND AND WIFE.

Dunbar
v.
Caithness

1744, June 20.
Case No. No. 22.

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

This question was between a wife and the creditors of her husband about a moveable succession that had devolved to her, and whether any part of it was heritable quoad the husband, or how much? The case was perplexed by changes that the executrix (the relict) had made on the subject, by uplifting and applying the moveables, and innovating the only bond bearing annualrent that the defunct had, and by a submission after the executrix's death betwixt her heir and the said wife and her husband decerning for a liquid balance. The Lords went into my opinion (as I thought) that the interest of the wife and husband was to be judged according to the state of the executry at the time of the defunct's death without respect to any of her changes made in it, and as there appeared to have been then heritable debts to the amount of that single bond, therefore they found that the whole free succession devolving to the wife was simply moveable; and therefore adhered to the Ordinary's interlocutor preferring the husbands creditors. 4th July, Adhered.