Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, collected by JAMES BURNETT, LORD MONBODDO.
Subject_2 MONBODDO.

-
v.
-

Date: 10 February 1766

Click here to view a pdf copy of this documet : PDF Copy

A man made a disposition to his wife and named her executrix. She accordingly intromitted, and being called to an account by the creditors she said she was willing to account, but must have allowance of the annualrent of 4000 merks, to which she was provided in liferent by her contract of marriage. It was answered by the creditors, That she had had a great sum of money in her hand, without paying any interest for it for six or seven years, out of the interests of which she must pay herself the annualrent. But to this she replied, that no executor is bound to pay interest for sums not bearing annualrent, uplifted by him, because he is obliged to keep the money by him to pay any creditor who shall recover decreet against him; and she was to be considered as any other executor though she happened to be likewise a creditor: Which the Lords sustained, dissent. Auchinleck. In this case the relict claimed no preference for her debt because she was executrix; and my Lord Pitfour said that she was not entitled to any, notwithstanding the decision in a case which he mentioned, observed by my Lord Kaimes in his late Collection.