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Having intented a reduction of a tutory testamentary, 1st, That the nomination was blank, and after his death he filled up himself as tutor; 2do, That he had not accepted the office within year and day though he knew of it, and thereby fore-faulted the office, and the pursuer was served tutor in law; 3tio, He had cheated the defunct, and obtained a writ from him by circumvention in place of another. The Lords thought that the two first reasons deserved much consideration, and therefore waving that, they removed him as suspected on the last, though the circumvention was committed before the nomination.
