Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Alexander Gibson v. Lord Dunkeld
Date: 2 July 1680
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Mr Alexander Gibson pursues a declarator against the Lord Dunkeld, as having lost and amitted his right of tutory of Mr Alexander's brother of the last marriage, because he had not made an inventory of the pupil's estate, conform to the 2d Act of Parliament 1672.
The Lords declared he had lost the office, and removed him as suspect; and would not allow him to purge the bygone mora, albeit he offered to make an inventary immediately, and the reason of the delay was, because one of the tutors nominated sine quo non was dead. Queer. if the tutory was expired thereby. The Act of Parliament seems not expressly to impose deprivation in this case, but only that such a tutor or curator shall lose his expenses; yet deprivation is deducible from the Act.
