Scottish Court of Session Decisions
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> - v - . [1677] 1 Brn 561 (17 January 1677) URL: http://www.bailii.org/scot/cases/ScotCS/1677/Brn010561-1437.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN NISBET OF DIRLETON.
Date: -
v.
-
17 January 1677 Click here to view a pdf copy of this documet : PDF Copy
An edict of executry being advocated from the commissaries,—a bill was given in, desiring that the advocation might be summarily discussed; seeing both nearest of kin, creditors, and the fisk, were concerned that the testament should be confirmed and executed; which desire the Lords thought could not be granted, in respect of the Act of Regulation: but it was thought a great escape and inadvertency that such advocations should be passed, seeing the Lords could not confirm testaments: and if any party should be prejudged by any act of the commissaries, it may be reduced upon the head of iniquity. And the Lords thought it was fit that a new edict should be raised; and, if an advocation should be sought, the reason should be discussed upon the bill.
Page 213.
The electronic version of the text was provided by the Scottish Council of Law Reporting