Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION. 1682.
John Trotter and Barbara Young, his Mother, v. Robert Trotter, his Uncle and Tutor
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March 24.—The Lords ordain both the processes of exhibition, and that for removing the tutor as suspect, to be summarily discussed without enrolling; that the minor's effects might not be embezzled nor prejudged medio tempore by this long ensuing vacancy. See the 29th and 30th March 1682.
Vol. I. Page 180.
March 29.—The Lords, on Castlehill's report, found they had power summarily to discuss such an actio suspecti tutoris without enrolling, notwithstanding that, by the first article of the regulations 1672, all privileges are discharged, except as to the King's own proper causes. Likeas, they found the mother had interest, (though debarred from her children's tutory, by her husband's appointment,) postulare suspectum tutorem, seeing it was actio popularis, in so far as any of the blood relations may pursue it. Vide infra, 30th March.
Vol. I. Page 182.
March 30.—In the case Trotter against Trotter, (mentioned 29th current;) the Lords again, on Castlehill's report, found there is ground for removing the tutor from his office, because he had not made up inventaries conform to the Act of Parliament I672, (though he was framing them, and it was not yet a year since his entry.) But declare, if the tutor will find sufficient caution, or get sufficient persons one or more to join with him in the office of tutory, before the extracting of the decreet, at the sight of the reporter, they allow him to continue; otherwise the Lords decern in the declarator. For the Lords apprehended the tutor was poor and might dissipate.
