Scottish Court of Session Decisions

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.