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Scottish Court of Session Decisions >>
Gilbert Williamson v Elisabeth Tweedie. [1628] Mor 2613 (12 November 1628)
URL: http://www.bailii.org/scot/cases/ScotCS/1628/Mor0602613-062.html Cite as:
[1628] Mor 2613
Subject_1 COMPENSATION - RETENTION. Subject_2 SECT. VII.
Effect Relative to Executors and Executors-creditors.
Gilbert Williamson v. Elisabeth Tweedie
Date: 12 November 1628 Case No. No 62.
A legatee may immediately plead compensation against an executor confirmed, to whom he is debitor.
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An executor nominate having confirmed the defunct's testament, eo ipso becomes debtor to the legatars, to whom the defunct left in testament any legacies; so that if the executor convene any of the legatars for a debt owing by them to himself, the legatar may compense that debt wherefore he is convened by the executor, with the legacy left to him by the defunct, and the executor will not be heard to say that there can be no compensation until the legatar obtain sentence against him; seeing it may be nothing will be due to him of his legacy, or at least not all, by reason the testament is exhausted.
Fol. Dic. v. 1. p. 162. Spottiswood, (Executors.) p. 118.
