A mother having heritage may name tutors to her children, though in prejudice of the nearest agnates.
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There was a woman that deceased in Edinburgh, called Dick, who being the spouse of B. R. had certain tenements of land in heritage; and, after decease, she left some of her nearest kinsmen and agnates to be tutors testamentars to her bairns and their heritages. It was alleged by them who were nearest agnates of the father's side, that they might be preferred, and she could have no place to nominate in their prejudice, but, according to the laws and practick of the realm, the nearest of kin of the father's side should be admitted tutors. It was answered, That the heritage and lands that appertained to the bairns came of the mother, and they succeeded to her, and not by the father. The mother had sufficient reason to nominate.
