Scottish Court of Session Decisions

Finlayson presented a petition, stating that his sister-german, who resided in Ross-shire, had died 13th April, 1837, and he had, as her heir-apparent, made up and executed an inventory of her heritable estate, in terms of the act 1695, c. 24, on 22d March, 1838; that he had thereafter caused the same to be transmitted, for the purpose of being recorded, to the Sheriff-clerk of the county of Ross, whose depute had certiorated Finlayson's agent of the inventory having been recorded; that the agent, however, never received an extract of the registered inventory, but was informed by the Sheriff-clerk, on 4th May, 1838, that the inventory was not recorded, and that the original communication in regard to it must have been opened by the Sheriff-clerk-depute, who had since absconded under an accusation of forgery and other offences. Referring to certain cases, ¹ where it had been rendered impossible for the heir to record an inventory within the time specified in the statute, and where the Court had authorized the inventory to be received and recorded, although the onus deliberandi had expired, the petitioner prayed for a warrant authorising the necessary public officers to receive another inventory, duly made up, and now produced, although more than a year had elapsed since the death of the predecessor.

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¹ Bell, May 28, 1830 (ante, VIII. 839, and cases there cited).