Minor's privileges. - Oath. - Process at a minor's instance to sell land for payment of his debt. - Privilegiatus contra privilegiatum. - How far liable for goods and money furnished to him. - And for money borrowed by his tutor. - May chuse the place of his residence. - Entitled to examine the state of his affairs. - Can a minor pupil contract marriage? - Can a minor be a tutor? - An arbiter? - or a Commissioner of Supply?
Elliot v. Elliot
Date: 3 January 1592 Case No. No 17.
Dispensation with less age by the King, makes not a man habile to be a tutor; but the nearest of kin, of perfect age, must be served; and the minor arriving at that age, then will obtain his own place.
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Gilbert Elliot of the Stobs pursued the Sheriff of Teviotdale and William Elliot his own brother's son, to hear and see the said Sheriff decerned to expede the service of the said Gilbert's brieves, as next and lawful tutor to Elliot, his brother's son and heir. It was alleged by the Sheriff, That he could not be decerned to expede to the said Gilbert's service, because the said William Elliot being father-brother to the pupil, and so nearer of kin to the said bairn than the said Gilbert, who was only goodsir-brother to him, and the said William having obtained his Majesty's dispensation of his less age, he behoved to serve the said William, and prefer him to the said Gilbert. It was answered, That albeit the dispensation of less age granted by his Majesty to the said William being within age, gave him a liberty to execute his own proper affairs, yet he could not make him able to be an administrator of other men's affairs; especially seeing the said William had raised a summons to the said Gilbert, because he had not summoned the said William's tutors and curators, and so had not confest himself to be William's heir. It was reasoned by some of the Lords, that likeas the King might grant by his dispensation, power to a minor of 18 years of age, or above, to have free administration of his own goods, so may he by his dispensation give liberty to any man who had exceeded the age of 22, and was, within three years or less of 25 years, to be tutor. The Lords resolved that the dispensation could not make him able to be tutor, while he were 25, years complete, and at that time the tutory of Gilbert would expire, and the said William would have place to a claim his own place and right.
