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Scottish Court of Session Decisions >>
The Heirs of Thomas Crawford v The Earl of Traquair. [1692] Mor 5525 (20 December 1692)
URL: http://www.bailii.org/scot/cases/ScotCS/1692/Mor1305525-084.html Cite as:
[1692] Mor 5525
Subject_1 HERITABLE and MOVEABLE. Subject_2 SECT. XIV.
Bonds secluding Executors.
The Heirs of Thomas Crawford v. The Earl of Traquair
Date: 20 December 1692 Case No. No 84.
Found in conformity with the above.
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The case was, if a bond secluding executors was moveable, when the creditor died before the term of payment, either of the principal sum or annualrent. It was alleged, That, before the term, it was to be reputed as money lying beside the defunct in specie, in which case it would be certainly moveable; yet the Lords found, where the defunct creditor expressly excluded executors, that it was his meaning and design, that the sum should belong to his heirs in omrem eventum, whether he died before or after the term; though regulariter, all sums are moveable before the term. This had been variously decided; but at last the Lords fixed on this, that though such a bond, secluding executors, were loosed by a charge of horning, yet it should still continue heritable.
Fol. Dic. v. 1. p. 370. Fountainhall, v. 1. p. 534.
