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Subject_1 LEGACY.
Catto
v.
Gordox
1748 ,June 22 .
Case No.No. 15.
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Catto by his testament appointed Catto, &c. his executors with the burden of certain legacies, and then he legates to another William Catto 400 merks out of the money that shall arise on the sale of his houses and feu in Ellon, and the like sum to another Catto; and on the above conditions and restrictions he appointed and constituted the said persons, his uncles, his executors and universal legatars, in all and haill his stock and fortune; these were the words.—These houses had never been sold, and the question was, Whether the executors were liable to make good the two sums out of the executry, though they have no right to the houses or feu, out of the price whereof they were payable? Mention was made of the legatars' relation, but it was so remote that we laid no weight on it. On the question we found the legacies due, if there is so much free executry, renit. Arniston, Kilkerran. Leven did not vote.
The electronic version of the text was provided by the Scottish Council of Law Reporting