Scottish Court of Session Decisions

Subject_1 COMPETENT.
Subject_2 SECT. XVII.

Exhaustion of Executry; - Challenge on the Head of Inhibition, - how Proponable.

Lord Brughton
v.
Aikman

Case No. No 72.

Found that exhausting may be proponed for an executor by way of exception, altho' he have no decree of exoneration.

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An executor confirmed, pursued for payment of soumes contracted for the husband, contained in ane bond registered, she may except upon the exhausting of the goods and gear contained in the confirmed testament et habens beneficium inventarii non tenetur ultra; and although she have not decreet of exoneration, the same may be proven be way of exception, be paying of particular sums whilk she paid upon decreet recovered against her before ordinar judges.

Fol. Dic. v. 1. p. 175. Colvil, MS. p. 3.