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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Relict of the Lord Colvill and James Carmichael v The Heir, Lord Colvill. [1664] 1 Brn 503 (14 December 1664) URL: http://www.bailii.org/scot/cases/ScotCS/1664/Brn010503-1325.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN BAIRD OF NEWBYTH.
Date: The Relict of the Lord Colvill and James Carmichael
v.
The Heir, Lord Colvill
14 December 1664 Click here to view a pdf copy of this documet : PDF Copy
The Lord Colvill deceasing without children, and having nominated Dame Euphan Mortone, his lady, his executor and universal legatrix, with this quality, that the heir of tailyie, the now Lord Colvill, should relieve the executor of all debts and incumbrances wherewith the same might be affected; there being a summons raised at the relict and James Carmichael, now her spouse, their instances, against the Lord Colvill, for freeing her of a number of debts for which she had been distressed, as executrix;—the Lords found the summons no way relevant; and found that the executrix should relieve the heir of all the moveable debts secundum vires inventarii, notwithstanding of the clause contained in the testament.
Page 11.
The electronic version of the text was provided by the Scottish Council of Law Reporting
