Scottish Court of Session Decisions
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URL: http://www.bailii.org/scot/cases/ScotCS/1682/Brn020025-0073.html
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lady Kirkland v Thomas Burklae. [1682] 2 Brn 25 (2 November 1682) URL: http://www.bailii.org/scot/cases/ScotCS/1682/Brn020025-0073.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Date: Lady Kirkland
v.
Thomas Burklae
2 November 1682 Click here to view a pdf copy of this documet : PDF Copy
Found that the expenses of funerals, mournings, entertainment of the family to the first term after the defunct's death, the relict's lying in, and baptism of a posthume child, are all privileged debts; for defraying whereof the relict had retention of the executry goods, pro tanto: albeit the defunct was maxime obæratus and the relict had a considerable jointure; and the creditors contended, that, in respect of the husband's condition and burdens, nothing ought to have been privileged but funeral expenses; at least that the other debts, if allowed to be due, should have no preference.
Page 122, No. 445.
The electronic version of the text was provided by the Scottish Council of Law Reporting