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The Lady Stonyhill, relict of Sir Robert Dobie, pursues registration of her contract of marriage, against her son, as heir to his father, and the defender compearing and alleging, that she being left tutrix testamentary by her husband, to the defender sine qua non, she could not pursue her own pupil, her son, whom of law she ought to defend, until the time she had intented a pursuit, to hear curators given to him, to defend him; which allegeance was repelled, and the pursuit was sustained at her instance; albeit it was also alleged, that she had accepted a tutory, by subscribing of sundry writs, as tutrix to the defender; which was also repelled, in respect that she renounced the office of tutory, and that the pupil had received no prejudice by her subscribing of any writs, and that it was very favourable to give her action, to seek registration of her contract matrimonial; and the Lords found it not necessary, to intent action, to give curators to defend her son, seeing they found, that any person, either of the father-side, or mother-side, of kin to the pupil, might seek tutors to the minor, to defend and authorize him, who being so sought, the Lords would give them curators ad hanc litem summarily, without any further process; and also there were more tutors in the testament.
Act. Hope.Alt. Nicolson, younger.Clerk, Gibson.
Durie, p. 185.
