Signifies both executor and administrator. One who would in England be called executor, is in Scotland called executor nominate. An administrator is called executor dative. In default of confirmation as executor by any one else, a creditor may be confirmed to the extent of obtaining payment of his debt, and is then called executor creditor. An executor is bound to pay debts and legacies six months after the death. The word executors used generally signifies next of kin. EXECUTRY. Personal estate of a person deceased.
Definition source
Kinnear, J. B., Digest of House of Lords Cases Decided on Appeal from Scotland, 1709-1864 — Glossary of Scottish Law Terms (Edinburgh, 1865). Public domain.
Legal Subject: Executor |
| Case | Date | Legal Subject | Abstract |
|---|---|---|---|
| Hawkins and Bruce v. Hamilton | 1789 | Succession, Debt, Trust, Executor, Aliment, Reduction | Hawkins and Bruce raised an action against Archibald Hamilton, writer in Hamilton, as executor, seeking to hold him liable for his intromissions with the testator's estate. The defender argued that he was not liable for intromissions made beyond his lawful authority under the will. After an Inner-House interlocutor found him liable for his intromissions with the pursuers' funds, he presented a reclaiming petition asking the Court to alter that finding. |
| John Davidson v. Alexander Kyde, and Others | 1797 | Decreet-Arbitral, Succession, Trustee, Arrestment, Executor, Will | John Davidson, Esquire, trustee for Rachael Lindsay, spouse of Major James Dickson in the East India Company's service, and for his own interest, petitioned the Court to alter an interlocutor pronounced by Lord Stonefield. Major Alexander Kyde answered the petition. Robert Strang, Andrew Lennox, and James Alexander, in company, subsequently petitioned the Court to alter its recent interlocutor. |
| Macdonald v. Macarthur | 1791 | Debt, Succession, Executor, Aliment, Next of Kin, Heritor | D. Macdonald, as executor qua nearest of kin, argued that he held a clear right to recover from Captain Neil Macarthur the balance of a debt due to the estate. Based on the single document cataloged for this case. |
| Marion Kilpatrick v. John Macalpine | 1792 | Intromission, Trustee, Debt, Executor, Factor, Succession | |
| Sinclair & Pringle v. Smith, et al | 1797 | Debt, Succession, Aliment, Executor, Disposition, Heritor | Sir John Sinclair of Ulster and Alexander Pringle pursued Fraser Smith, Christian and Jacobina Smith, Peter Sinclair, and George Brock for proportional relief from annuity payments secured upon the pursuers' heritable subjects. The defenders, claiming status as legatees under Captain Allan's 1764 deed, argued that they were not liable for the annuity payments, while the pursuers maintained that the defenders were bound to relieve them proportionally from that burden. |
| Sir Alexander Mackenzie of Gairloch v. Hector Mackenzie and His Tutor | 1768 | Debt, Factor, Assignation, Executor, Reduction, Disposition | |
| The Earl of Fife v. Mrs Martha M'Kenzie and Elizabeth Fraser | 1795 | Succession, Aliment, Disposition, Debt, Executor, Creditor | The Earl of Fife pursued Mrs Martha M'Kenzie and Elizabeth Fraser, as executors of the deceased Alexander Udny of Udny, to enforce postnuptial settlements executed in 1769 whereby the Earl claimed succession to Mrs Udny's heritable estates, moveable goods, and annuities. The defenders challenged the validity of the deeds and claimed the estate's rents and assets. Following an interlocutor issued in May 1795, both parties petitioned the Court to alter that determination. |
| Yorkston, et al. v. Grieve | 1794 | Deed, Witness, Testament, Succession, Assignation, Executor | Yorkston and his co-petitioners pursued Grieve concerning the validity of a testamentary deed executed by the illiterate Jean Ferguson. They argued that the instrument was valid despite the notary’s docquet failing to record that it was read over to the testatrix, whereas Grieve maintained that because Ferguson could neither read nor write, the deed required to be read to her before she authorized the notary’s signature, and was void for want of that formality. |
