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Scottish Court of Session Decisions >>
Shearers v Wilson. [1729] Mor 9263 (17 December 1729)
URL: http://www.bailii.org/scot/cases/ScotCS/1729/Mor2209263-007.html Cite as:
[1729] Mor 9263
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A Commissary, upon application made to him, having inventoried and sealed up the defunct's writs, and taken them into his custody, was decerned to deliver them up to the nearest of kin of the defunct, though they were not confirmed executors qua nearest of kin; which was found upon act 26th, Parl. 1690, discharging the necessity of confirmation; for this statute supposes that where the relict, children, or nearest of kin are willing to subject themselves universally to the defunct's debts, they may enter to possess without any confirmation. Hence the successor, whether in heritables or moveables, may continue the defunct's possession, without making up titles; and the relict, or nearest of kin, without confirming, may recover possession of what has been unwarrantably intromitted with after the defunct's death. See Appendix.
