Tutors are liable for accounts in the defunct's account book, though not contained in the inventory of the defunct's testament, being contracted within three years of his decease.
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The Lords having heard Harcarse report the points taken to interlocutor in the debate Elizabeth Duff, and her husband, John Dalgardno, my Lord Forret's servant, against the incorporation of Taylors of Edinburgh, they ordain before answer the adjudication upon the estate of Salton to be produced; and find the defenders, as tutors and curators to the said Elizabeth, liable for the value of the goods and others not bearing annualrent, belonging to the defunct; and that they ought to be stocked and employed for annualrent within a year after the defunct's decease, and that the annualrents of the sums due during the tutory ought to be stocked and employed for annualrent, from the expiry of the tutory; but that they as curators were not obliged to stock the annualrents due during the curatory, in respect their minor was married during the currency of their curatory; find the tutors liable to diligence for all bonds and tickets, whether contained in the inventory of the defunct's testament or not; but find them not liable for accounts not contained in the inventory foresaid, in respect the said inventory was given up by the defunct's own mouth, and John Steuart was ordained to supply the omissions therein; and refused to allow the defenders expenses, in respect they have not made inventory, conform to the last act of Parliament in 1672.
Then Dalgardno having given in a bill against this, the Lords, on the 11th March, having considered it with the answers, they found the tutors liable for all the accounts in the defunct's count-book, albeit not contained in the inventory of the defunct's testament, being contracted within three years of the defunct's decease; and as to other accounts preceding these three years, before answer ordain the pursuer Dalgardno to condescend what of the debtors therein contained were alive within year and day after the tutors' accepting of the office, so as they might have done diligence, and referred the counts to their oaths.
Fol. Dic. v. 1. p. 241. Fountainhall, v. 1. p. 275.
