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Mary Melvil v Patrick Yeoman. [1665] 2 Brn 383 (1 February 1665)
URL: http://www.bailii.org/scot/cases/ScotCS/1665/Brn020383-0656.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Mary Melvil v. Patrick Yeoman
Date: 1 February 1665
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William Weimes, merchant in Dundee, is addebted to Andrew Melvil, merchant in Edinburgh, and of Pittachop, 1000 merks. Andrew dies. His daughter, Mary Melvil, confirms his testament, and gets herself confirmed his executrix: then pursues Mr. Patrick Yeoman as executor to the said William Weimes, at least as having accepted a disposition from him of his estate, with the burden of his debts, and on the other passive titles. For verifying the libel, there is produced the bond, with the confirmed testament. As to the passive titles, refers them to the defender's oath; who compearing, deponed that he had indeed a disposition of some tenements and acres from the deceased, before his decease; but that the same was for onerous causes, and without any burden of the debts, or promise to pay the same.
The intromission upon this disposition found not to be vitious, neither to infer a passive title; and therefore assoilyied the defender from desire of the libel.
Act Mr. Roger Hog.Alt. Mr. William Yeoman.
Signet MS. No. 35, folio 47.
