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Andrew Kerr v Prince. [1665] Mor 5191 (2 February 1665)
URL: http://www.bailii.org/scot/cases/ScotCS/1665/Mor1305191-023.html Cite as:
[1665] Mor 5191
Subject_1 GROUNDS and WARRANTS. Subject_2 SECT. III.
Production in Reductions and Improbations.
Andrew Kerr v. Prince
Date: 2 February 1665 Case No. No 23.
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In an action of improbation of a confirmed testament, pursued at the instance of Andrew Kerr against Pringle, the Lords found that the executors dative were not holden to produce the edict whereupon the decreet-dative proceeded; and that the not recording of the testament-dative in the Commissary's register, could be no ground for improving the testament, since it was not the executor's fault but the clerk's.
