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Scottish Court of Session Decisions >>
Mr John Colvill Advocate, v The Lord Balmerino. [1665] Mor 466 (6 July 1665)
URL: http://www.bailii.org/scot/cases/ScotCS/1665/Mor0200466-009.html Cite as:
[1665] Mor 466
There being no wife or children, the annat belongs to the nearest in kin.
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Mr John Colvill advocate, as executor to umquhile Mr John Colvill, minister at Kirknewton, pursues the Lord Balmerino and others, For payment to him, as executor foresaid, of the stipend due to the said umquhile Mr John, for certain years bygone, alleged resting owing, Mr John having died in February 1663.—It was excepted, No process for that year's stipend, because it was paid to the intrant minister, and was presented and admitted to the said kirk for the crop 1663; and the last incumbent having died before the term of payment, nothing could belong to the defunct, but what was in bonis defuncti.—It was replied, The executor pursued for the same, albeit the term was not come, as annat.—To which duplied, That the executor could not crave the annat, the same being truly due to wife and bairns; ita est the defunct Mr John Colvill had neither.——The Lords found, That the nearest of kin have right to the annat, albeit the defunct have neither wife nor bairns. And there being a question as to the glebe, the defunct having died in February, to whom the crop thereon should belong; the Lords found likewise, That the nearest of kin had right thereto, they always proving that the defunct had sown the same before his decease. (See No 5. the same case.)
