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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Benjamin Bell v William Campbell. [1781] Hailes 893 (28 November 1781)
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Cite as: [1781] Hailes 893
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[1781] Hailes 893
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 EXECUTOR.
Subject_3 Competition between an arrestment used by a Creditor of a defunct, and an intimated assignation by his executor.
Date: Benjamin Bell
v.
William Campbell
28 November 1781 Click here to view a pdf copy of this documet : PDF Copy
[Fac. Coll IX. 16; Dict. 3861.]
Braxfield. The executor is trustee for all concerned, and cannot withdraw
the funds in medio for any purpose but that of the trust. An executor confirming holds the subjects: 1st, For creditors; 2d, For legatees; 3d, For the nearest in kin. The statute 1695 has nothing to do with this case. When the nearest in kin abstains, it is in the power of his creditors to take up the subjects in medio: but this must not be done too rapidly; it must be after a year. The statute does not relate to the case of subjects already taken up by confirmation. Kaimes. The case of Crichton, resorted to, was ill judged.
On the 28th November 1781, “The Lords preferred Benjamin Bell;” adhering to the interlocutor of Lord Kennet.
Act. D. Armstrong. Alt. A. Crosbie.
The electronic version of the text was provided by the Scottish Council of Law Reporting