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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Douglas, Relict of Plenderleith, v Hogg. [1734] 1 Elchies 420 (5 July 1734) URL: http://www.bailii.org/scot/cases/ScotCS/1734/Elchies010420-002.html Cite as: [1734] 1 Elchies 420 |
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[1734] 1 Elchies 420
Subject_1 SERVICE AND CONFIRMATION.
Douglas, Relict of Plenderleith,
v.
Hogg
1734 ,July 5 .
Case No.No. 2.
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The Lords found, that the right of executry in case the defunct's testament be reduced will accresce to the pursuer her executors and assignees. The President said, if one who was not nearest of kin were confirmed as such, the executry would accresce to the true nearest of kin, and the person confirmed behoved to convey it to him, and he seemed to he of the same opinion should one be confirmed executor testamentary upon a forged nomination; and they all thought the conditional confirmation demanded a novelty not to be granted, being like a conditional aditio hœreditatis.
The electronic version of the text was provided by the Scottish Council of Law Reporting
