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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Dowie v. Dowie or Barclay [1871] ScotLR 8_445 (18 March 1871) URL: http://www.bailii.org/scot/cases/ScotCS/1871/08SLR0445.html Cite as: [1871] ScotLR 8_445, [1871] SLR 8_445 |
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Page: 445↓
Where a niece had been decerned executrix “ qua one of the next of kin” to her uncle, there being no competition or opposition to her service; and where another uncle, brother to the deceased, afterwards sought to reduce the decree on the ground that the defender had obtained confirmation under an erroneous description, the Moveable Succession Act, 18 Vict., c. 23, § 1, only entitling her to succeed or be confirmed as “a descendant of a predeceasing next of kin”—it was held, affirming the judgment of Lord Jerviswoode, that she had been rightly decerned executrix, there being no competition; and that, though the description in the decree of confirmation was not quite accurate, it was not sufficient to render the confirmation null, nor a ground upon which it could be reduced.
Solicitors: Agent for the Pursuer— James Barton, S.S.C.
Agent for the Defender— Alex. Gordon, S.S.C.