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Cite as: [1561] Mor 3829

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[1561] Mor 3829      
Subject_1 EXECUTOR.
Subject_2 SECT. III.

Duties of Executors.

Marion Learmont
 v.
George Home

Date: 8 June 1561
Case No. No 11.

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An executour may renunce the office of executrie in presence of ane Judge, except he, as executor, has intromitted with ony gudis or geir pertening to the deid; for in that cais he may not renounce, because res non est integra.

The like decided 7th March 1569. Alexander Murray's renunciation.

 Fol. Dic. v. 1. p. 273. Balfour, (Executor) No 13, p. 221.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1561/Mor0903829-011.html