Forbes and others v McLean

Administration of estates – Claim against discharged executor – Relevancy. Court of Session: In an action in which the relatives of man who, it was averred, died after developing mesothelioma as a result of exposure to asbestos during his employment with a now dissolved partnership sought damages and claimed for loss of support and personal services, suing the defender in his capacity as executor on the estate of his late father, who was a partner in the dissolved firm, the court refused the defender's motion to dismiss the action and appointed the cause to a proof before answer, holding that the pursuers' claim against the defender in his capacity as executor, even if he had been discharged as executor, was competent and relevant.

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