Scottish Court of Session Decisions

Subject_1Process
Subject_2Reduction
Subject_3Decree of Confirmation
Subject_4Executor — Next of Kin — 18 Vict. c. 23, § 1.
Facts:

Where a niece had been decerned executrix “ qua one of the next of kin” to her uncle, there being no competition or opposition to her service; and where another uncle, brother to the deceased, afterwards sought to reduce the decree on the ground that the defender had obtained confirmation under an erroneous description, the Moveable Succession Act, 18 Vict., c. 23, § 1, only entitling her to succeed or be confirmed as “a descendant of a predeceasing next of kin”—it was held, affirming the judgment of Lord Jerviswoode, that she had been rightly decerned executrix, there being no competition; and that, though the description in the decree of confirmation was not quite accurate, it was not sufficient to render the confirmation null, nor a ground upon which it could be reduced.