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Scottish Court of Session Decisions >>
Poor of the Parish of Cardross v M'Adam. [1700] Mor 561 (5 July 1700)
URL: http://www.bailii.org/scot/cases/ScotCS/1700/Mor0200561-107.html Cite as:
[1700] Mor 561
Subject_1 ANNUALRENT. Subject_2 ANNUALRENT allowed ob favorem.
Poor of the Parish of Cardross v. M'Adam
Date: 5 July 1700 Case No. No 107.
Contrary to No 104. relative to money destined to the poor; yet if the executor either use the money, or be in mora, by not informing of the legacy, he will be liable.
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Crocerig reported the Heritors and Poor of the parish of Cardross against Mr Patrick M'Adam merchant at London. Jean Moor, a Scots woman, having married in England, and acquired considerable means; in her testament, anno 1691, she legates sundry sums to two negroes, her servants, and likewise bequeaths L. 500 Sterling to the poor of Cardross parish, to be secured on land there, and names M'Adam, her late husband's apprentice, to be her executor and administrator in the English form. He being pursued for the legacy and its annualrents, he declares himself willing to pay the principal on their securing it to the use of the poor; but alleges no annual was due, because not mentioned in the testament, and none due ex lege. The Lords considered even pious legacies do not bear annualrent de jure, yet if he has either made use of the money, and laid it out on profit or trade, or if he was in mora in giving them timeous advertisement of the legacy left them, that in either case he might be liable; therefore they recommended to the reporter to try the matter of fact.
