BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Crichton v Kilpatrick. [1606] Mor 7548 (24 December 1606)
URL: http://www.bailii.org/scot/cases/ScotCS/1606/Mor1807548-267.html Cite as:
[1606] Mor 7548
Of Superior and Inferior Commissaries and their Privileges.
Crichton v. Kilpatrick
Date: 24 December 1606 Case No. No 267.
Found that inferior Commissaries have had no power to issue confirmations dative ad omissa.
Click here to view a pdf copy of this documet : PDF Copy
In an action betwixt Crichton and Kilpatrick, anent the goods of a defunct, to whom they were both confirmed executors, by two several testaments dative, the Lords found, That the party who had last confirmed, had no right; and that when a testament was once confirmed, no other party could have right by a posterior testament dative, unless it were an dative ad omissa, which was not in this case. Farther, the Lords found, That inferior Commissaries have had no power to confirm datives ad omissa.
