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Scottish Court of Session Decisions >>
Relict of the Minister of Livingston v Parishioners. [1623] Mor 10320 (17 December 1623)
URL: http://www.bailii.org/scot/cases/ScotCS/1623/Mor2510320-004.html Cite as:
[1623] Mor 10320
Subject_1 PERSONAL and TRANSMISSIBLE. Subject_2 SECT. I.
What Rights go to Heirs.
Relict of the Minister of Livingston v. Parishioners
Date: 17 December 1623 Case No. No 4.
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In an action of the relict and bairns of, minister of Livingston, whereby the charges given at their instances, for payment of a year's stipend after the decease of the minister, conform to the order taken by the church in favours of the relict and bairns of the minister last deceased, were suspended; the Lords found, that no such charges, neither for that year after the minister's decease, nor for any part of his stipend owing of terms preceding his decease, and which might belong to them, albeit executors confirmed to him, ought to be sustained, nor so summarily granted; and that there was no warrant to direct such letters and charges of horning, but that they ought to pursue therefore by ordinary pursuit.
Clerk, Gibson.
Fol. Dic. v. 2. p. 73. Durie, p. 93.
