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Scottish Court of Session Decisions

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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Moncrief v Monypenny. [1712] Mor 1759 (20 February 1712)
URL: https://www.bailii.org/scot/cases/ScotCS/1712/Mor0501759-039.html
Cite as: [1712] Mor 1759

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[1712] Mor 1759      

Subject_1 BONA FIDE CONSUMPTION.
Subject_2 SECT. VIII.

Mala Fides induced by Process, whether it will take place from Citation, Litis-contestation, or Decree.

Moncrief
v.
Monypenny

Date: 20 February 1712
Case No. No 39.

An executor was allowed the expence of a tomb, carried on during a reduction of the testament upon which he acted, which was reduced.


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An executor-nominate being appointed by testament to lay out a sum upon a tomb to the defunct; and having begun the work, was found not to be put in mala fide, to complete it, by a process of reduction of the testament. Therefore the expence was allowed out of the first end of his intromissions, though the testament was afterwards reduced upon this plain ground, that the testator was in extremis, and insensible when made to subscribe it.

Fol. Dic. v. 1. p. 111. Fountainhall, v. 2. p. 587. & 727.

*** See The particulars, voce Testament.

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


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