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Scottish Court of Session Decisions >>
Douglas v Johnston. [1661] Mor 4846 (22 November 1661)
URL: http://www.bailii.org/scot/cases/ScotCS/1661/Mor1204846-059.html Cite as:
[1661] Mor 4846
Subject_1 FORUM COMPETENS. Subject_2 DIVISION VII.
Testament within what District it must be Confirmed.
Douglas v. Johnston
Date: 22 November 1661 Case No. No 59.
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In the competition between Douglas in Abernethy, who confirmed himself executor-creditor to Gilbert Wemyss in Dumblane, where Gilbert dwelt, and John Johnston as executor confirmed to the said Gilbert by the Commissaries of Edinburgh, because Gilbert, in a voyage from Scotland to Holland, died at sea.
The Lords found the Commissaries of Edinburgh to have no right, unless the defunct had died abroad animo remanenai. This interlocutor was staid till the Commissaries were further heard.
