If you found BAILII useful today, could you please make a contribution?

Your donation will help us maintain and extend our databases of legal information. No contribution is too small. If every visitor this month donates, it will have a significant impact on BAILII's ability to continue providing free access to the law.

Thank you very much for your support!


BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Isbrand and Gerard Shinks and their Factor v The Earl of Roxburgh. [1677] Mor 3885 (29 November 1677)
URL: http://www.bailii.org/scot/cases/ScotCS/1677/Mor0903885-080.html
Cite as: [1677] Mor 3885

[New search] [View without highlighting] [Printable PDF version] [Help]


[1677] Mor 3885      

Subject_1 EXECUTOR.
Subject_2 SECT. VIII.

If there be a Co-executor. - If the Executor die before obtaining Sentence. - Every creditor may take decree, and the defence of exhaustion will be reserved contra executionem.

Isbrand and Gerard Shinks and their Factor
v.
The Earl of Roxburgh

Date: 29 November 1677
Case No. No 80.

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

The Lords sustained these pursuers’ title as executors and having licence, notwithstanding their mother had confirmed this same debt, owing by the Earl's father when he was a Colonel in Holland, to their father; and found they needed not confirm executors to the mother, because she died before the testament was executed, and that the same could not be repute executed, till there was a sentence.

Fol. Dic. v. 1. p. 276. Fountainhall, MS.

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


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/scot/cases/ScotCS/1677/Mor0903885-080.html