Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
The Tutors of Govane v. Her Mother
Date: 23 February 1671
Click here to view a pdf copy of this documet : PDF Copy
This Govane's goodsire and father having been merchants in Glasgow, and her father dying and leaving her, his only child, behind him in her nonage, heretrix of a considerable fortune, what in land, what in money, the goodsire, (of whose acquiring the whole means was,) being on life, became administrator of the law to his grand-child, and in his testament did nominate several persons in whom he much relied as her tutors, being persons also sib to the pupil, who, ex superabundanti, took a dative and found caution. The lass being now out of her infancy, viz. past seven years of age, the tutors by an action against the mother, (who yet continues a widow,) crave the person of the pupil may be exhibited to them, to the effect they may have the custody of her, conform to the constant law and practice of this kingdom, which presumes tutors will be more careful of the education of pupils, and not so indulgent, by which many are sadly corrupted, as the mother will be.
The Lords, because they discovered an inclination in my Lord President towards the tutors, they therefore in a bang combined in behalf of the mother, only because it was represented to them that the President was a friend to the tutors, and carried it over his belly that the child should continue with the mother.
Vide 14th July, 1627, Noble; 4th July, 1629, Langshaw against Muire and the cases there.
