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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> James Adamsone and his Tutor v Isobell Cuninghame, his Mother's Executrix and Factrix. [1649] 1 Brn 410 (7 July 1649)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Date: James Adamsone and his Tutor
v.
Isobell Cuninghame, his Mother's Executrix and Factrix
7 July 1649 Click here to view a pdf copy of this documet : PDF Copy
In the action of count between James Adamsone and his tutor against Isobell Cuninghame, his mother's executrix and factrix, constituted by the tutors for some years; she craved, that she might have off the heir, for his sister's entertainment bypast, a certain modification. Which the Lords granted during the years of her pupillarity; after which time she might do for herself. Item, That, seeing the moveables were exhausted by a supervenient debt, not thought upon by the defunct, aughting to the Earl of Balcleuch, extending to 11,000 merks, and neither the heir his sister could get any provision, nor the mother her legacy; the Lords would take to their consideration, that my Lord Balcleuch gave down 2000 merks due to him, for the wife and children; which would have come off the heir, the testament being exhausted. Which they did; but could give no annual, suppose my Lord pretended such a gift also, because not due off such counts.
Page 46.
The electronic version of the text was provided by the Scottish Council of Law Reporting