Page: 595↓
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Where an executor-dative failed to furnish particulars of the executry estate, and opposed the confirmation of the deceased's widow as executrix, the latter held entitled to a proof before answer.
This action was brought by the widow of the late John Tough, ropemaker in Greenock, against his brother William Tough, who had been confirmed as executor-dative of the deceased qua one of his next of kin. The widow raised an action of count reckoning and payment against the executor on the ground that he had understated the amount of the executry estate, and the Lord Ordinary allowed a proof before answer.
The defender reclaimed.
At advising—
Refuse reclaiming note.
Pursuer's Counsel— Trayner. Agent— Adam Shiell, S.S.C.
Defender's Counsel— J. C. Smith. Agents— John Wright and Johnston, L.A.