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Cite as: [1610] Mor 3871

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[1610] Mor 3871      
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.

Paterson
 v.
Bannatyne

Date: 19 July 1610
Case No. No 58.

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He who was cautioner for an executor, in confirmation of a testament, will not only be decerned to make the gear confirmed furthcoming to the creditors at the prices contained in the confirmed testament, but also for greater prices, if the goods be decerned to be of greater avail nor the prices confirmed.

 Fol. Dic. v. 1. p. 275. Haddington, MS. No 1976.

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/1610/Mor0903871-058.html