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A merchant whose estate consisted of account-book and debts to the value of £.20,000, having left Balbedy tutor-testamentary, the Lords found this defence relevant to purge the tutor's negligence to pursue all the debtors in the account-books, viz. that he had employed the defunct's nephew, who had been his apprentice, to draw out a list of such of the debts as he thought were resting, which list was acquiesced to by the relict, who had a share of the free gear, and that he had pursued on the said list, and that many of the persons inserted therein as debtors had assoilzied themselves by their oaths, which was the only means of probation then competent, whereby the pupil saved much unnecessary expense that would have been laid out in pursuing more of the debtors, whom there was no probability to overtake.
