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Hunters v M'Quhars. [1624] Mor 14719 (13 February 1624)
URL: http://www.bailii.org/scot/cases/ScotCS/1624/Mor3314719-123.html
Subject_1 SOLIDUM ET PRO RATA. Subject_2 SECT. XX.
Quorum of Judges. - Arbiters. - Auditors. - Trustees.
Hunters v. M'Quhars
Date: 13 February 1624 Case No. No. 123.
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In the action pursued, by Hunters, bairns of John Hunter, against M'Quhars, executors of Thomas M'Mitchell, who was ordained by his defuact wife's testament, to employ 2,000 merks to the behoof of the said Hunters, her oyes, by advice of David Johnston, Mr. John Hay, the said M'Mitchel, John Hunter, and Johnston his spouse, the Lords found that the money was not lawfully bestowed in the hands of umquhile James Dalziel, William and James Arnots, to the behoof the bairns, because it was not done by advice of all the persons named in the testament; and therefore the Lords decerned M'Mitchell's executors to bestow of new the like sum to the bairns' behoof.
Fol. Dic. v. 2. p. 387. Haddington MS. No. 3009.
*** Spottiswood's report of this case is No. 1. p. 8047. voce Legacy
