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Rob v French. [1637] Mor 4497 (25 February 1637)
URL: http://www.bailii.org/scot/cases/ScotCS/1637/Mor1104497-048.html Cite as:
[1637] Mor 4497
Effects locally situated in Scotland must be under the direction of the Scots law; and conveyances of such effects must be in the Scots form.
Subject_3 SECT. III.
Testaments confirmed in England.
Rob v. French
Date: 25 February 1637 Case No. No 48.
The legatees in an English testament were found obliged to confirm, the executor having confirmed in England, and afterwards renounced.
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Umquhile Thomas French, being servitor to the King's Majesty in England, makes his testament in Scotland, and takes it with him to England, where he dies, and leaves to the pursuer, called John Rob, and to some other pursuers, certain legacies; and this testament being confirmed in the Prerogative Court of Canterbury, and Robert French, clerk of Kirkcaldy, his executor nominated by him, being confirmed there his executor, but no inventory given up, nor contained therein; upon this testament so confirmed in England, the legatars pursuing the said executor for payment, the Lords would not sustain process upon this testament confirmed in England, until the time the legatars should confirm a testament in Scotland; seeing the executor was here compearing, and renouncing to be executor.
Act. ——.Alt. Sibbald.
Fol. Dic. v. 1. p. 320. Durie, p. 831.
