[1528] Mor 16216
Subject_1 TUTOR - CURATOR - PUPIL.
Date: The King
v.
Walter Oliphant and Others
17 October 1528
Case No.No. 5.
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Gif the father lauchfullie maryis his sone, and puttis him in the fie of his landis, and thairefter the sone deceisses, leivand behind him ane air, gottin of his bodie, of les age, and within tutorie; be the law and consuetude of this realme, the said pupill was, the time of his fatheris deceis, in his fatheris powar allanerlie, and be ressoun of his deceis made fre of all fatherlie powar, and on na wayis in the powar of his gudschir, grandschir, or ony utheris his predecessouris zit on life: And thairfoir, gif ony of thame makis and constitutes in thair testament or latter will, ony tutor testamentar to the said air, beand zit pupill, the samin constitutioun, with all that followis thairupon, is of nane avail, force, nor effect, and may be reducit as maid in fraud and prejudice of the tutor of law, and failzeing him of the richt grantit to our Soverane Lord be ressoun of his Crown, in making and geving tutoris dative to pupillis not lauchfullie providit of uther tutoris.
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