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Scottish Court of Session Decisions >>
Spence and Clerk v Craig. [1679] Mor 465 (22 January 1679)
URL: http://www.bailii.org/scot/cases/ScotCS/1679/Mor0200465-008.html Cite as:
[1679] Mor 465
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James Spence and John Clerk, as assignees by the legatars of Mr John Louthian, having' pursued Beatrix Craig, his relict, as executrix, and thereupon a count and reckoning being appointed, the relict having confirmed the annat of her husband, she alleged, That she had the sole right thereto, in respect there were no children, and the annat not being in bonis defuncti, nor due to the defunct for his service, but a privilege indulged by law in favours of his nearest relations, needs no confirmation, and if he have no bairns, all belongs, to his wife, which excludes his nearest of kin.—It was answered, That the annat being a favour to the successors of beneficed persons, though it need no confirmation, yet it must belong to the nearest of kin, as well as to the wife, which is cleared by the late act of Parliament 1669, anent annats, declaring them to belong to executors without confirmation; therefore the executors can only be accountable to the wife for the half, when there are no children.
