Cautioner – A person who had, without confirming, intromitted with his father’s effects, which were left to him by will for payment of debts, is, upon application of the creditors, ordained to intromit with the effects upon inventorying the same, and finding caution to make the same forthcoming: he accordingly finds caution, and upon a subsequent application for summary intromission with some of the effects, the Court refused the same, and ordained him to confirm the testament and prosecute in common form; but he neither inventoried the effects, nor confirmed the testament: the cautioner was liable for the whole goods intromitted with.
Proof – A debt against this cautioner substantiated by the oath of the intromitter in another cause.
[1716] UKHL Robertson – 183, (1716) Robertson 183
Bailii
Scotland
Wills and Probate
Updated: 04 January 2022; Ref: scu.553494