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My Lord Yester, as tutor lawful to his brother's daughters', pursued my Lord Herris for exhibition and delivery to him of the eldest of the daughters. It was alleged by my Lord Herris, that this pursuer ought to have no process, because this pursuer being nearest heir apparent, the said daughters deceasing, he may not of the law have the keeping of them, and specially having already five of them in his hands, he could not have this sixth delivered to him. It was answered, that the provision of the law, in that case, was only to avoid suspicion of the minor's peril, if the tutor, being apparent heir, might have used violent or unlawful means to cut off the heir, that the succession might fall to him; which could not be here, because there being six daughters in number, so long as any one of them lived, my Lord could not be heir to any of the rest. Which answer the Lords found relevant, and ordained her to be delivered to my Lord Yester, pursuer.
