Scottish Court of Session Decisions

Subject_1 EXECUTOR.

Biggar
v.
Helen Bee

1745, July 9.
Case No. No. 19.

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We first found unanimously, at least nem. con. that the daughter haying survived her mother and possessed, the corpora ought to be confirmed as in bonis of her in name of her executors. The second question was as to accounts and book-debts arising from the brewery, carriage of coals, &c. if they ought to be divided betwixt the mother and daughter, that is, the daughter's executors and mothers nearest of kin in proportion to their legal interest in the effects of John Wallace, if he left any free, (which was Arniston and Tinwald's opinion) or if the whole belonged to the daughter, who alone had right to the tack;—and it was carried that these accounts belonged to the daughter. Con. were Strichen, Arniston, and Tinwald: All the rest for it,—only Leven and Kilkerran absent. The next question put, was upon bonds and bills in the mother Christian Ramsay's name, and which did not appear ex facie to be the proceeds of the farm, brewery, &c. unless the mother's nearest of kin bring evidence that they arose from other funds;—and it carried “presumed.” Con. were Strichen, Arniston, Murkle, and Tinwald;—and we remitted to the Commissaries to proceed accordingly;—and 19th June and 9th July adhered as to the two first, but remitted the third as to bonds and bills having no relation to brewing or coal driving;—remitted to the Commissaries to hear parties upon the presumption or evidence on either side.