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Scottish Court of Session Decisions >>
Relict of Robert Fleming v Forresters. [1661] Mor 9042 (17 July 1661)
URL: http://www.bailii.org/scot/cases/ScotCS/1661/Mor2209042-177.html Cite as:
[1661] Mor 9042
Reduction of a decree against minors charged to enter heir sustained, though not raised intra annos utiles.
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The relict of Robert Fleming, Bailie of Edinburgh, as his executrix, charged Forresters, the Bailie's sister's daughters, to pay 1600 merks, due by their father, by bond, and decerned against them, as lawfully charged to enter heirs to him 19 years ago, and now eiked to the Bailie's testament by the charger, whereupon she obtained letters of horning summarily. The suspenders alleged, the letters ought to be suspended simpliciter, because they offered a renunciation to be heirs. The charger answered, Non relevat post sententiam et tantum temporis intervallum. The suspender replied, They were minors the time of the decreet, and that the delay of time was, because their uncle never insisted, and it was like, purposed not to insist. The charged answered, They were now majors, and did not reduce intra annos utiles.
