Subject_1 ANNUALRENT. Subject_2 ANNUALRENT due by TUTORS and CURATORS.
Wilson v. Foulis
Date: 19 November 1683 Case No. No 39.
The price of goods rouped aurante tutela, bears annualrent after a year.
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Thomas Wilson, merchant in Edinburgh, contra Foulis of Ratho, reported by Saline.——The Lords ‘found the prices got at the roup, by Ratho, curator to Margaret Spence, now Wilson's wife, for her free plenishing, (i. e. deducing always the expences of the roup) must be the rule by which he must count, and not the prices given up at random in the confirmed testament: And declare him not liable for the annualrent of the rouped goods from the time of his receiving in the price, but within a year after the beginning of the roup, allowing him that time to put it in a stock and lend it out: And find the tutor must have retention of the annualrent of the years 1646 and 1647, conform to the act of Parliament made in these years. And that the curator is not liable for the annualrent of Cockburn of Ormiston's sum not uplifted by himself, but put in his hand by his minor after her majority, to keep it till she called for it; unless she pactioned with him that he should pay annualrent for it; and farther modify to the curator 100 merks Scots yearly, for his incident charges and debursements upon Margaret Spence the minor, now the pursuer's spouse, and that over and above the 200 merks of yearly aliment already modified to him;’ (as observed by Stair, 16th February 1681, Spence.†)—There was a bill given in against this by Bailie Wilson, but it was refused, 16th January 1684. See p. 354. of this Dictionary.
Fol. Dic. v. 1. p. 39. Fount, v. 1. p. 247.
† Stair, v. 2. p. 860. voce Presumption, donatio non præsumitur.
