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Ker v the Parishioners of Morumside. [1673] Mor 471 (16 July 1673)
URL: http://www.bailii.org/scot/cases/ScotCS/1673/Mor0200471-015.html Cite as:
[1673] Mor 471
The right of the widow, children, and nearest of kin, to the annat, needs not confirmation.
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Isobel Ker pursues the parishioners of Morumside for the annat of her husband's stipend for the whole year in which he died, having died in April.—The defendes alleged no process till the annat were confirmed, because it would belong to the minister's executors, and be subject to his moveable debt.—It was answered, That the annat being due after the minister's death, was not in bonis defuncti, but was granted to his nearest friends ex gratia; and whatsoever might be alleged by creditors, it did require confirmation.
The Lords found no necessity of confirmation of the annat.
Fol. Dic. v. 1. p. 36. Stair, v. 2. p. 215.
*** This was found likewise, in the case, Ker against the Parishioners of Cardine, No 2.
