Scottish Court of Session Decisions

Subject_1 EXECUTOR.
Subject_2 SECT. IV.

An Executor has the only Title to Intromit with the Subjects Confirmed.

Craig
v.
Rattray

Date: 11 March 1777
Case No. No 32.

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Anne Rattray decerned executrix qua relict of Steven her deceased husband, applied by petition, and obtained a valuation of the effects according to inventory. Craig, a creditor, objected to the inventory, that the valuation being L. 133: 5s. was too low; whereas he was willing to give L. 200 for the effects. He therefore craved, that either they should be delivered to him, or charged to the widow at that amount, or, lastly, exposed to public auction.——The Lords, in an advocation from the Commissaries, remitted with instruction to find the relict accountable to the creditors for L. 200, in respect that sum was offered for the goods, and that she had disposed of a part of the same, which she had no power to do before confirmation. See Appendix.

Fol. Dic. v. 3. p. 190.