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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> John Norris v Bethia Law. [1738] 1 Elchies 121 (6 December 1738) URL: http://www.bailii.org/scot/cases/ScotCS/1738/Elchies010121-006.html |
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Subject_1 EXECUTOR.
John Norris
v.
Bethia Law
1738 ,Dec. 6 .
Case No.No. 6.
Click here to view a pdf copy of this documet : PDF Copy
A widow having confirmed her husband's testament omitted his first wife's tocher of 2000 merks. Another creditor raised an edict ad omissa, and the executor craved to be preferred
and to have it eiked to her confirmation because not dolose omitted, having been discovered by her to a meeting of her husband's creditors before the confirmation, but left out because it was payable only after the debtor's death, who was and is still alive; and the other denying that discovery and insisting on the point of law, that being omitted he who raised the first edict ad omissa should be preferred, I am told, (being myself in the Outer-House) that the Lords before answer allowed the executrix to prove the above fact.
The electronic version of the text was provided by the Scottish Council of Law Reporting
