Dobbie v Patton

Executry – Confirmation of executors. Sheriff Court: Granting a petition by an executrix-dative (the pursuer) to recall the subsequent appointment of an executor-dative (the defender) on the same estate, the pursuer arguing that the defender had obtained an appointment as executor-dative 'by clandestine means', namely without intimation on the existing executrix-dative, the court rejected the defender's contentions that the pursuer lacked legal capacity to bring the action and that the obligation to search for any prior appointment as executor and/or intimate the subsequent petition to any pre-existing executor rested with the sheriff clerk despite a subsequent petitioner having that information at his fingertips.

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