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Scottish Court of Session Decisions >>
Anthony White v - . [1623] Mor 2187 (28 June 1623)
URL: http://www.bailii.org/scot/cases/ScotCS/1623/Mor0502187-022.html Cite as:
[1623] Mor 2187
A testament dative ad omissa was sustained, the principal executor, being, by the edict, generally cited to hear executors ad omissa decerned, though there was no personal citation.
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In an action pursued by Anthony White, as executor dative, decerned ad omissa, to certain goods and gear, omitted by the executor confirmed in the principal testament of umquhile John Young, Sheriff-clerk of Edinburgh, The Lords sustained this testament ad omîssa; albeit it was alleged for the defender against the same, that it ought not to be sustained, seeing the executor confirmed in the principal testament, was not specially warned by the edict, to hear and see executors dative decerned ad omissa, who ought to have been necessarily warned thereto, or else nothing could have lawfully proceeded thereupon; which allegeance was repelled, because by the edict the executors were generally cited, to hear executors ad omissa decerned; which the Lords sustained, albeit the executors principally confirmed were not thereby warned; for this was sustained, because Anthony White was a creditor of the defunct's, and so the pursuit was found the more favourable.
Act. Aiton.Alt. Primrose.Clerk, Hay.
Fol. Dic. v. 1. p. 133. Durie, p. 68.
