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Scottish Court of Session Decisions >>
James Prince v Hary Blair, son to Hew Blair, vintner. [1693] 4 Brn 71 (15 February 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1693/Brn040071-0168.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
James Prince v. Hary Blair, son to Hew Blair, vintner
Date: 15 February 1693
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The Lords thought the husband's creditors were not in strict law obliged to bury his relict, yet when it was shortly after the husband's death, and she had not again married, ex humanitate, they should bury her out of the husband's means, unless they could condescend on as much of her own as would bury her. But here the Lords repelled it, in regard it was already proponed and repelled in an extracted decreet of suspension; and so the Lords would not receive it now against a decreet in foro. See the first decision in President Newtoris Observes, 1681, [Heriot against Blyth and Muir, Nov. 1681.]
