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Scottish Court of Session Decisions >>
Mr John Colvil v The Lord Balmerino. [1665] Mor 464 (6 July 1665)
URL: http://www.bailii.org/scot/cases/ScotCS/1665/Mor0100464-005.html Cite as:
[1665] Mor 464
If there be a new intrant, the profits of the glebe fall no farther under the annat, than with regard to crop sown before the minister's death.
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Mr John Colvil, as executor, confirmed to umquhil Mr John Colvil, minister at Kirknewton, pursues the Lord Balmerino for the stipend, the year 1663, and for the profit of the glebe. The defender alleged absolvitor; because payment is made bona fide to the intrant, before intenting of this cause.—It was answered, It could not be paid bona fide, because the minister died after January 1663: Which being so notour to my Lord Balmerino, to whom the most of the parish belongs; and he being so near it, he ought to have made payment to no other, of that year which belonged to the defunct minister, as his annat, extending to the whole years; annus inchoatus habetur pro completo, as to the annat; so that if the minister lived till the 1st of January, he has that whole year.—The defender answered, That an annat is only due to the wife and bairns of the defunct minister; and this minister had none. 2do, That the point is so dubious in law, he knew not that it would be his, unless he had lived till Whitsunday. 3tio, The benefit of the glebe must be the intrants, and falls not under the annat, as a part of the stipend, no more than the manse.
The Lords repelled the defence as to the stipend, and found it belonged to the executor, as nearest of kin; and that the defunct surviving the 1st of January, gave him that whole year; but found that the glebe did not fall under the annat, nor did belong to the defunct, but only the crop thereof, if it were sown by himself. (See No 9. which is the same case reported by Newbyth.)
