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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Belshes v Belshes. [1662] Mor 3873 (1 February 1662)
URL: http://www.bailii.org/scot/cases/ScotCS/1662/Mor0903873-062.html
Cite as: [1662] Mor 3873

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[1662] Mor 3873      

Subject_1 EXECUTOR.
Subject_2 SECT. VII.

The appretiation in the confirmed testament may be corrected by a confirmation ad male appretiata, or by proof of higher value. - License to pursue.

Belshes
v.
Belshes

Date: 1 February 1662
Case No. No 62.

Click here to view a pdf copy of this documet : PDF Copy

In an account and reckoning betwixt Belshes and Belshes, concerning executry, the Lords found that the prices given up by the defunct in his testament of his own goods, should stand, and the executor be accountable accordingly, seeing there was no enorm prejudice alleged, as if the defunct had prized the goods within a half or third of the true avail, to the advantage of the executor, and prejudice of the wife, bairns, or creditors.

The Lords did also allow aliment to the wife out of her husband's moveables to the next term, albeit she liferented an annualrent, payable at the next term. See Husband and Wife.

Fol. Dic. v. 1. p. 275. Stair, v. 1. p. 90.

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/1662/Mor0903873-062.html