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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Commissary Clerks v Pringle. [1744] 2 Elchies 296 (11 February 1744) URL: http://www.bailii.org/scot/cases/ScotCS/1744/Elchies020296-028.html |
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Subject_1 JURISDICTION.
Date: Commissary Clerks
v.
Pringle
11 February 1744
Case No.No. 28.
Click here to view a pdf copy of this documet : PDF Copy
Commissaries are competent to incident reductions or defences against testaments, on the head of incapacity alleged incidenter in the process of confirmation. Advocation refused, though the nearest of kin had already raised a reduction before this Court. (November 29th 1743, Justice-Clerk Reporter from the bills. And the testament being upon proof sustained by the Commissaries, the executor insisted to be assoilzied from the reduction in this Court, and craved warrant to transmit the proof; which the Commissary-clerk opposed, unless he would extract, though he had extracted his confirmation;—but we granted the warrant.
The electronic version of the text was provided by the Scottish Council of Law Reporting
