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Scottish Court of Session Decisions >>
Bain v - . [1622] Mor 2187 (14 February 1622)
URL: http://www.bailii.org/scot/cases/ScotCS/1622/Mor0502187-021.html Cite as:
[1622] Mor 2187
A commissary cannot decern an executor-dative ad omissa, except the principal executor be first cited.
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In an action, pursued at the instance of one Bain as executor dative, decerned to certain omitted sums, left out of the defunct's principal confirmed testament, The Lords found the testament ad omissa, which was the pursuer's title and ground of his action, to be null, because the executors confirmed in the principal testament were not cited to the testament dative ad omissa specified by the edict, and that the said testament made no mention that they were warned thereto; and therefore the Lords found no process in that action upon the testament dative ad omissa.
Clerk, Gibson.
Fol. Dic. v. 1. p. 130. Durie, p. 17.
