Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.

Ramsay
v.
Her Curators

Date: 25 November 1624

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In an action of reduction, pursued by one Ramsay of Dundee against her Curators, for reducing of an act of curatory upon this reason, viz. because the curators were chosen by her within the time of her tutory, she having lawful tutors for the time, and the years of her tutory not being fully expired, when she choiced the said curators,—the Lords found this reason relevant, and reduced the act of curatory albeit it was alleged that the reason was not relevant to reduce the said act, and to remove the curators voluntarily chosen by herself, within a month or two only before the age of pupillarity, specially where this was neither fraud of the curators, nor wrong, or negligence qualified against them, and without the which, or that the minor had been prejudged or hurt, in some sort, by the said election; albeit the same was done in so short a space, only before the time of law appointed for choicing of curators; and being once chosen and doing their duty, ought not to be removed, no suspicion being able to be qualified against them. Which allegeance was repelled; and the reason nakedly conceived, bearing only that curators were given before the full expiring of the years of tutory, without any other qualification, was sustained and found relevant to reduce. And when the curators, defenders, desired to be repaid of the necessary expense debursed by them, profitably, in the pursuer's affairs since the time of their accepting to be curators, which they alleged ought to be repaid to them before they were removed from their office, and that they ought not to be put to any new pursuit therefor;—this was also repelled in this process, seeing the minor, not being lawfully authorized, could not be holden now to answer thereto, while new curators were chosen who might defend her, and reserved to them their action to pursue therefor, prout de jure.

Act. Rollock. Alt. Russel. Gibson, Clerk.

Vid. 5th December 1627, Rollock.

Page 151.