Scottish Court of Session Decisions

Subject_1 REGISTRATION.

Margaret Brown
v.
Executors of John Dalrymple

Date: 10 July 1632
Case No. No 22.

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Margaret Brown pursues the Executors of umquhile John Dalrymple, for registration of her contract of marriage. The Executors allege, There can be no registration against them, because the whole free gear contained in the testament was exhausted by lawful sentences, deduced upon lawful probation, long before the intenting of the cause, except only the sum of L. 20. It was alleged, Registration cannot be stayed for exoneration, so long as any part of the defunct's gear is unexhausted. Which reply was sustained.

Auchinleck, MS. p. 189.