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William Graham, by a clause in his testament, leaves “to his brother, sisters, uncle, cousins, a free discharge of every thing they may owe him at his death.” By letter found in the repositories of the defunct, Walter Colquhoun his cousin, then in the West Indies, acknowledges to have received payment of certain bills belonging to the testator, for which he holds himself accountable, and desires the testator to draw on him for the amount. The question occurred Whether this was a debt which fell under the legatum liberationis in the testament? The argument against this plea was, That the property of these bills was in the testator, and that Walter Colquhoun held them only as trustee for his account. On the other hand, the bequest seemed to include every claim. from whatever contract it arose. The Court thought the case extremely doubtful, but inclined to the former of these opinions, and found that the amount of the bills did not fall under the legatum liberationis.
