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Scottish Court of Session Decisions >>
Executors of the deceased Mrs Anna Leith v the Creditors of the deceased William Forbes of Tolquhon, her Husband. [1740] Mor 3469 (22 February 1740)
URL: http://www.bailii.org/scot/cases/ScotCS/1740/Mor0803469-005.html Cite as:
[1740] Mor 3469
Executors of the deceased Mrs Anna Leith v. the Creditors of the deceased William Forbes of Tolquhon, her Husband
Date: 22 February 1740 Case No. No 5.
Dies inceptus habetur pro completo.
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The said Mrs Anna Leith being provided to an annuity of 20 chalders victual, computing the chalder at 100 merks Scots money, after her husband's decease, and she having lived till the morning of Martinmas 1738, this question occurred betwixt her Executors and her husband's Creditors, which of them was preferable for the same.
The Lords found, That the liferentrix having lived to the Martinmas-day, albeit she died on the morning of that day, had right to the term's annuity, which fell due at Martinmas 1738; and therefore preferred the executors of the liferentrix to the creditors.
