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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Colvil v Lord Balmerino. [1665] Mor 3893 (00 July 1665)
URL: http://www.bailii.org/scot/cases/ScotCS/1665/Mor0903893-085.html
Cite as: [1665] Mor 3893

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[1665] Mor 3893      

Subject_1 EXECUTOR.
Subject_2 SECT. IX.

In how far, and by what means, the executor is constituted proprietor.

Colvil
v.
Lord Balmerino

1665 July.
Case No. No 85.

A party has paid to the intrant minister a sum claimed as ann by the nearest in kin of the defunct incumbent. Found, that the nearest still be confirmed executor to it, to whom it must be paid.


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Mr John Colvil, “as executor to Mr John Colvil, his uncle, minister at Kirk Newton, pursues my Lord Balmerino for the stipend of the said kirk, crop 1663, the defunct having died in February that year, and also for the profit of the glebe that year.—It was alleged, That Balmerino had bona fide paid it to the intrant minister, who was presented to that year's stipend.—It was answered, That he could not have been legally presented thereto, it having belonged to the executor, and to the defunct's nearest of kin as ann; and as to the profits of the glebe, it is part of the ann also.—Replied, That there is no ann due to the executor as executor, but only to the wife and bairns where there are any; nor can the profits of the glebe be due, unless the glebe had been sown.—Duplied, That the ann is due to the nearest of kin, who may confirm the same if they please, and there is par ratio for the glebe.

The Lords found the ann due, and that it might be confirmed by the nearest of kin, but nothing due for the glebe, unless it had been sown before the defunct's death; and not being sown, the intrant might lawfully enter thereto, and to the manse.

Gilmour, No 160. p. 113.

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/1665/Mor0903893-085.html