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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Blair v Dun. [1744] 2 Elchies 176 (18 December 1744) URL: http://www.bailii.org/scot/cases/ScotCS/1744/Elchies020176-016.html |
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Subject_1 EXECUTOR.
Date: Blair
v.
Dun
18 December 1744
Case No.No. 16.
Click here to view a pdf copy of this documet : PDF Copy
Executor nominate making a short or partial confirmation is liable to creditors, legatars, and nearest of kin, only for what he either confirmed or intromitted with, but not for what he omitted, though knowingly, and did not intromit with. —N.B. No fraud or dole was or could be qualified. A depending process of count and reckoning at the instance of a nearest of kin against an executor, is no sufficient ground of retention of liquid debts due by the nearest of kin to the executors. (See Dict. No. 84. p. 3893.)
The electronic version of the text was provided by the Scottish Council of Law Reporting
