Scottish Court of Session Decisions
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URL: http://www.bailii.org/scot/cases/ScotCS/1627/Brn010231-0524.html
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Kneilland v Baillzie. [1627] 1 Brn 231 (13 February 1627) URL: http://www.bailii.org/scot/cases/ScotCS/1627/Brn010231-0524.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Kneilland
v.
Baillzie
13 February 1627 Click here to view a pdf copy of this documet : PDF Copy
The mother gives up inventory of her husband's gear, and confirms her bairns, being minors, executors. She is pursued as universal intromittrix, and excepts, There are executors confirmed. It is replied, That she has omitted out of the inventory sundry particulars. The Lords, in respect of the reply, repel the exception, and sustain the reply and libel against her as universal intromittrix, if the particulars given in by the pursuers were intromitted with by her before the confirmation; but if after the same, she may add the same to the testament. The reason of this decision is in respect of her fraud, used in the right upgiving of the inventory, and wilful omission against her knowledge and oath.
Page 101.
The electronic version of the text was provided by the Scottish Council of Law Reporting