Subject_1 SOLIDUM ET PRO RATA. Subject_2 SECT. XV.
Tutors and Curators.
Fairside v. Adamson
Date: 12 December 1609 Case No. No. 80.
Three tutors being equally nominated by the testator, one dying, and another refusing to accept, the Lords found, that the whole office devolved on the third.
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George Fairside charged Adamson, the eldest son and apparent heir of umquhile James Adamson of Cowthrople, to enter heir to his umquhile father. The minor offered to renounce. It was alleged, That the renunciation could not be valid, because he was not authorised with tutors. It was answered, That the minor's mother, who was nominated tutrix-testamentar, would authorise. The pursuer replied, That her consent was not valid, because, by the testament, the Laird of Smeiton, Hepburn, the bairn's good-dame, and his mother, were nominated tutors equally, and therefore, the good-dame being dead, and the Laird of Smeiton renouncing the office, the mother's office was extinguished. Notwithstanding whereof, the Lords found the power of the full office of tutory was devolved in the mother's person, and that her consent was lawful.
