Construction. – Forbes, 4 and 23 July, 1712. In a question with regard to funeral expences, and expences of confirmation, the House of Peers haring reversed a judgment of lis finita and found that the assignee of an executrix might insist for these claims, it was still competent to plead prescription thereto.
Subject – Funeral Charges. Prescription. – The accounts paid by the said assignee, without the 3 years were prescribed where she herself was not contractor, but where she was contractor did not prescribe.
Subject – Confirmation. – The Expences of confirmation though not especially conveyed to the said assignee, but paid by her, are found to exhaust the executry.
Subject – Debitor non praesumitur donare. – By marriage contract a wife is provided to the houshold furniture, the husband afterwards grants her a bond and the liferent of a house is settled upon her, these may fulfill as separate and distinct rights.
[1713] UKHL Robertson – 61, (1713) Robertson 61
Bailii
Scotland
Updated: 04 January 2022; Ref: scu.553463