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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Alexander Drummond v Bessie Logan. [1628] Mor 8999 (28 June 1628)
URL: http://www.bailii.org/scot/cases/ScotCS/1628/Mor2208999-127.html

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[1628] Mor 8999      

Subject_1 MINOR.
Subject_2 SECT. VIII.

Lesion in taking Legal Steps.

Alexander Drummond
v.
Bessie Logan

Date: 28 June 1628
Case No. No 127.

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A minor being confirmed executor-dative to her father, and the inventory given up by her mother in her minority, is pursued for her father's debts. The minor offers to renounce all debt of the executry; but the pursuer alleged, that she cannot now renounce after confirmation. The Lords found she might renounce rebus integris.

Fol. Dic. v. 1. p. 582. Auchinleck, MS. p. 131. *** This case is also reported by Spottiswood:

In an action pursued by Alexander Drummond against Logan, spouse to Maxwell of Hills, as executrix confirmed to her father, for registration of a bond of her father's, the Lords found, that, in respect her father's testament dative was given up by her mother, she herself being minor, and that her mother had confirmed her executrix in her minority, and that she had never had any intromission with her father's goods, that therefore she might yet, being minor, renounce to be executrix, rebus integris, and therefore assoilzied.

Spottiswood, (Executors.) p. 122.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1628/Mor2208999-127.html