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John Finnie, pupil, pursued his mother, and Patrick Oliphant, her husband, for a modification whereby he should be entertained, in respect she had her life-rent of all his estate. The mother offered to take her son and entertain him freely herself. The Lords preferred the boy's tutor to his keeping, to whom the mother was ordained to give a modification for the pupil's entertainment, though he was not a tutor testamentar, but only dative.
Spottiswood, p. 347.*** Auchinleck reports this case:
A tutor, by law and practick of this realm, will get the mother compelled to deliver the pupil to him, and likewise will get a modification from her of reasonable maintenance to the heir, in case the mother be infeft in life-rent in all his heritage, albeit he have no ward lands, but burgage.
