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Scottish Court of Session Decisions >>
Moncrief v Monypenny. [1712] Mor 1759 (20 February 1712)
URL: http://www.bailii.org/scot/cases/ScotCS/1712/Mor0501759-039.html Cite as:
[1712] Mor 1759
Subject_1 BONA FIDE CONSUMPTION. Subject_2 SECT. VIII.
Mala Fides induced by Process, whether it will take place from Citation, Litis-contestation, or Decree.
Moncrief v. Monypenny
Date: 20 February 1712 Case No. No 39.
An executor was allowed the expence of a tomb, carried on during a reduction of the testament upon which he acted, which was reduced.
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An executor-nominate being appointed by testament to lay out a sum upon a tomb to the defunct; and having begun the work, was found not to be put in mala fide, to complete it, by a process of reduction of the testament. Therefore the expence was allowed out of the first end of his intromissions, though the testament was afterwards reduced upon this plain ground, that the testator was in extremis, and insensible when made to subscribe it.
Fol. Dic. v. 1. p. 111. Fountainhall, v. 2. p. 587. & 727.
