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Scottish Court of Session Decisions >>
The Relict and Children of John Clark, Writer, v The Baxters of the Canongate. [1696] Mor 16316 (17 December 1696)
URL: http://www.bailii.org/scot/cases/ScotCS/1696/Mor3716316-237.html
The Relict and Children of John Clark, Writer, v. The Baxters of the Canongate
Date: 17 December 1696 Case No. No. 237.
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The Baxters of the Canongate were owing the defunct 2000 merks by bond, and being pursued to pay, they object, That, by the father's testament and nomination, he had indeed named his wife sole tutrix to her children, during her viduity, but withal had obliged her to act with the special advice and concourse of Adam Chrystie and William Wilson; and ita est, they refused to consent to the discharge; 2do, She had not made up inventories, conform to the act of Parliament 1672. Answered to the first, She could not force these persons to accept the trust, but they were content so far to countenance the payment as to sign witnesses to the discharge. To the second, She was content to make inventories ante omnia. The Lords found the tutory did not fall by their refusal, and all that she was obliged to do was to require them, in which case she could validly discharge alone.
