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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Nearest of Kin of Adam Duncan, Competing. [1738] 1 Elchies 434 (16 February 1738) URL: http://www.bailii.org/scot/cases/ScotCS/1738/Elchies010434-004.html Cite as: [1738] 1 Elchies 434 |
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[1738] 1 Elchies 434
Subject_1 SUCCESSION.
Nearest of Kin of Adam Duncan, Competing
1738 ,Feb. 16 .
Case No.No. 4.
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I reported a bill of advocation from the Commissioners of Edinburgh at the instance of the nephews and nieces of the said Adam Duncan by his brothers and sisters who prede-
ceased him, complaining that the Commissaries had preferred James and Ann Duncan, the defunct's brother and sister, to the office of executor, and refused to conjoin them; though the defunct had his residence more than 40 years in Rotterdam and died there, and by the law of Holland (which by the law of nations must regulate the succession) nephews and nieces succeed jure representationis et per stirpes in place of their parents deceased jointly with their surviving uncles and aunts. The Lords, though several of them were of opinion, that the succession as well as the office as to moveables and debts in Scotland must be regulated by the law of Scotland, yet they did not incline to determine that point, but refused the bill of advocation, reserving to the complainers to be afterwards heard upon the right to the succession as accords.
The electronic version of the text was provided by the Scottish Council of Law Reporting
