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The action between Janet Kennedy and her tutors, and Matthew Cumming, merchant in Glasgow, being advised, the Lords found the confirmation of Janet Cunningham's testament by Matthew Cumming was informal and unwarrantable, making the goods confirmed in her testament as if they had been her husband William Hewat's, on this pretence, forsooth, that in the two years of her viduity she had not time to acquire them, and so they behoved to be presumed to be her husband's; and therefore ordained the Commissary to rectify this, and to confirm the testament of new gratis; and ordained the substitutions in the bonds filled up by Matthew Cumming to be altered, and formed conform to the first destination except as to the 3000 merks; and that he should restore the whole writs upon inventory: And as to Campbell of Ormadill, the tutor, in regard he had not made inventory, conform to the 2d act of Parliament 1672, therefore declared he should get no allowance from his pupil of any expenses he had debursed.
