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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Elizabeth and Mary Arbuthnots v Arbuthnot. [1748] Mor 3861 (19 December 1748)
URL: http://www.bailii.org/scot/cases/ScotCS/1748/Mor0903861-048.html
Cite as: [1748] Mor 3861

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[1748] Mor 3861      

Subject_1 EXECUTOR.
Subject_2 SECT. V.

In what cases Executors may make Payment.

Elizabeth and Mary Arbuthnots
v.
Arbuthnot

Date: 19 December 1748
Case No. No 48.

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In a process at the instance of Elizabeth and Mary Arbuthnots against their brother the executor, for payment of their bonds of provision, he offered to assign as many of the bonds contained in the inventory of the testament as would answer their provisions.

But The Lords found, “that a creditor is not bound to accept of an assignation from an executor.”

Fol. Dic. v. 3. p. 191. Kilkerran, (Executor) No 10, p. 176.

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/1748/Mor0903861-048.html