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Scottish Court of Session Decisions >>
Stevin v Govan. [1622] Mor 3843 (14 February 1622)
URL: http://www.bailii.org/scot/cases/ScotCS/1622/Mor0903843-024.html Cite as:
[1622] Mor 3843
An Executor has the only Title to Intromit with the Subjects Confirmed.
Stevin v. Govan
Date: 14 February 1622 Case No. No 24.
Found as above.
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In an action of registration pursued by Bessie Stevin, relict of umquhile John Govan, for registration of an obligation made to her and her umquhile Spouse, and which she craved to be registrate to that effect only, that she might have execution and payment of the one half of the sum contained in the obligation, which pertained to her as relict, there being no bairns betwixt her and her husband;—The Lords found, that she as relict could not seek registration, seeing the sums contained in the bond would come under her husband's testament, and so pertained to his executors, who had only that action competent in their persons for registration of the bond, and against whom she had her action for her half of that sum, and if they, who of the law would be executors, or who were nominate, refused to confirm the defunct's testament, the relict in that case might mean herself to the commissars, and obtain herself confirmed executor dative.
