The donator of ward, though himself a minor, found entitled to the custody of the pupil's person during ward. See Achans, No. 19. p. 16220.
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The ward and marriage of the Laird of Ernock was disponed to a daughter of the Laird of Dalziel, who was minor. The donatar pursued the Lady Ernock for deliverance of the heir that was a pupil, alleging that the custody and keeping of the pupil being past the age of seven years, appertained to her by reason of the ward. It was alleged by the mother, that she ought to have the keeping of her own bairn, and the will of the dead ought to be fulfilled, and that the donatrix, quæ propter defectum ætatis seipsum regere non potuit, not potuit alios. To the which it was answered, that it behoved of necessity that the custody of minor and pupils that warded, appertained to them that had the right of the ward; and as the donatrix that was minor was capable of the ward, so was she in keeping of the pupil; and as to her minority and less age, she might be into that case as into all others, governed and ruled by the advice of her tutors and curators. The Lords found, that the custody of the pupil ought to apperlam to the donatar, and so ordained the pupil to be delivered to the donatrix.
