Whether the annat can be affected by the minister's debts or obligations.
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In an action of tutor counts betwixt the Bairns, of the Bishop of Galloway and Andrew Couper their tutor, an article of defalcation of the charge being given in by the tutor, whereby he craved allowance of a pension given to him by the Bishop, during his lifetime, to he allowed to him particularly of that year after the Bishop's decease, the annat whereof pertained to his relict and bairns, conform to the ordinance of the kirk, which provides the fruits of the benefice for the year, after the late incumbent's decease, to pertain to his wife and bairns, and therefore the tutor craved the pension of that year to be allowed to him;—and the minors alleging, That the pension lasting only for the giver's lifetime, could not extend to that year:——The Lords allowed of the article of defalcation, and found, That the tutor ought to have that year's pension allowed to him, in his intromission with the minors' goods.
