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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Angus and Jean Brodie v J. Stephen. [1753] 1 Elchies 423 (10 August 1753) URL: http://www.bailii.org/scot/cases/ScotCS/1753/Elchies010423-014.html Cite as: [1753] 1 Elchies 423 |
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[1753] 1 Elchies 423
Subject_1 SERVICE AND CONFIRMATION.
Angus and Jean Brodie
v.
J Stephen.
1753 ,Aug. 10 .
Case No.No. 14.
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These Brodies complained to us, that after they were decerned executors qua nearest of kin, Mr Stephen, Commissary-Depute of Murray, refuses to expede the confirmation unless a party would make oath and confirm the whole inventory; but on serving the complaint they compromised. He confirmed the testament, and they passed from the complaint, except as to their expenses: But as he refused to pay them, they served the complaint again, which forced him to put in answers, wherein he justified his former refusal, on pretence of the interest and security of creditors, whereof he himself was in this case one. But the Court found that he had done wrong in refusing confirmation, and therefore found him liable in expenses
The electronic version of the text was provided by the Scottish Council of Law Reporting