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The Lords, upon a hearing in presence, determined, that a partial confirmation of executors qua nearest of kin established their right to the whole dead's part of the executry, so as to make it transmit to their assignees, whether legal or voluntary.
Fol. Dic. v. 4. p. 18. D. Falconer. Kilkerran. Rem. Dec.
*** This case is No 89. p. 3902., voce Executor.
*** Similar decisions were pronounced, 10th August 1755, Brodies against Stephen, No 90. p. 3911., and 11th February 1778, Nasmyth against Commissaries of Edinburgh, No 93. p. 3918., voce Executor.
