Scottish Court of Session Decisions

Subject_1 JURISDICTION.
Subject_2 DIVISION VIII.

Commissary Court.
Subject_3 SECT. I.

Of Superior and Inferior Commissaries and their Privileges.

Crichton
v.
Kilpatrick

Date: 24 December 1606
Case No. No 267.

Found that inferior Commissaries have had no power to issue confirmations dative ad omissa.

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In an action betwixt Crichton and Kilpatrick, anent the goods of a defunct, to whom they were both confirmed executors, by two several testaments dative, the Lords found, That the party who had last confirmed, had no right; and that when a testament was once confirmed, no other party could have right by a posterior testament dative, unless it were an dative ad omissa, which was not in this case. Farther, the Lords found, That inferior Commissaries have had no power to confirm datives ad omissa.

Fol. Dic. v. 1. p. 504. Haddington, MS. No 1179.