[1673] Mor 501
Subject_1 ANNUALRENT.
Subject_2 ANNUALRENT due by TUTORS and CURATORS.
Date: Douglas
v.
Gray
27 February 1673
Case No.No 36.
Tutors must uplift and employ annualrents due before the tutory, within a year after acceptance.
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In a pursuit at the instance of Isobel Douglas, against the Heirs of a Tutor, the question beings, Whether a tutor was obliged to lift and employ the annualrents of his pupil's means, that were run before the defunct's death, in respect that it hath been oftentimes found, That as to the current annualrents during the tutory, the tutor is not obliged to employ the same, or pay annualrent therefor, during the tutory, but to leave them employed for annualrent at the end of the tutory:
The Lords found, That tutors were obliged to lift and employ annualrents due before the tutory, within a year after the acceptance of the tutory, or to do diligence therefor, or otherwise to be liable for the annualrent of the same.
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