[1749] 2 Elchies 326
Subject_1 LEGACY.
Date: John Davidson, and his Spouse,
v.
Executors of Mr John Murray
25 February 1749
Case No.No. 17.
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Legacy special by a codicil of some household furniture, which coming into the hands of the Commissary-Court, the legatees petitioned to have them valued and delivered up on caution to pay the apprised value, if the executry were exhausted; which the Commissaries refused until a special title were made by confirmation. But on advocation we ordered them to be delivered up on caution, that is, remitted with that instruction.— N. B. The goods had, when the testator died, been in the legatee's own possession.
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