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Cite as: [1745] Mor 9271

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[1745] Mor 9271      
Subject_1 NEAREST OF KIN.

Sommerville
 v.
Murray's Creditors

 Date: 23 January 1745
Case No. No 13.

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The Lords, upon a hearing in presence, determined, that a partial confirmation of executors qua nearest of kin established their right to the whole dead's part of the executry, so as to make it transmit to their assignees, whether legal or voluntary.

 Fol. Dic. v. 4. p. 18. D. Falconer. Kilkerran. Rem. Dec.

*** This case is No 89. p. 3902., voce Executor.

*** Similar decisions were pronounced, 10th August 1755, Brodies against Stephen, No 90. p. 3911., and 11th February 1778, Nasmyth against Commissaries of Edinburgh, No 93. p. 3918., voce Executor.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1745/Mor2209271-013.html