Subject_1 ANNUALRENT. Subject_2 ANNUALRENT due by Executors.
Watsons v. Watsons
Date: 12 December 1765 Case No. No 78.
Found as above.
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Robert Watson, merchant in Edinburgh, having been married three times, made provisions in favour of the children of the different marriages.
Upon his death, in 1757, Mary Mearns, his third wife, confirmed executor to him; and an action having been brought by the children of the first marriage, for their provisions, called all parties, having interest, in a multiple-poinding; and a new multiple-poinding was brought by her daughters after her death.
The claims of the children of the first marriage were sustained by an interlocutor of 9th August 1763. After this, a good deal of litigation ensued as to the question, How far interest could be claimed from the executors?
“The Lords found the executors not liable for the interest of the subject confirmed, in so far as that subject did not bear interest at the time of the testator's death; but found them liable for the interest of the sums bearing interest from the term after the testator's death; and found them liable in the expences of process, from the interlocutor dated 9th August 1763.”
Act. Patrick Murray.Alt. David Greme.
Fac. Col. No. 24. p. 244.
