Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES FERGUSON OF KILKERRAN.

Clerk
v.
Bubner

Date: 20 December 1759

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This case is reported in Fac. Col. (Mor. 4471.) Lord Kilkerran’s note of the decision is as follows:—

December 20.—“The Lords adhered; and as to the question, whether the administration is sufficient without confirming, the President said, that the letters of administration were enough without confirmation, which he argued from this, that we had receded from many of our ancient notions; we have found no confirmation necessary of goods in the natural possession of the nighest of kin; we have found a bond of corroboration granted to the nighest of kin effectual; we have found more, that payment to nighest of kin is good without confirmation. But all these things notwithstanding, the Lords found that it was necessary to confirm before extract, for so we have always found, and no argument from what we have done can have any influence on this question, concerning the efficacy of their diligence in another country.”