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Scottish Court of Session Decisions >>
Melville v Drummond. [1631] Mor 16256 (25 February 1631)
URL: http://www.bailii.org/scot/cases/ScotCS/1631/Mor3716256-117.html
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Umquhile David Drummond dies in England, and left behind him a son, born in England, and leaves Archibald Drummond of Gibliston his executor and administrator, who intromits with his goods and gear, both in England and Scotland. Mr. Thomas Melville takes a tutory dative to the minor, and pursues the executor for exhibition of the defunct's testament, and to make count and reckoning of his intromission. It was first excepted by the defender, that the minor was born in England, and having the most part of his estate there, there could no tutor dative be given by the Theasurer of Scotland, who had power to pursue him for exhibition of count or reckoning. It was answered, that the minor was a Scotsman, although born in England, and had means in Scotland, and was answerable and subject to the Scots law. The Lords repelled the exception, and ordained him first to exhibit the testaments.
