Click here to view a pdf copy of this documet : PDF Copy
A tutor having confirmed his pupils executors their father, and having mispent the estate, they, after their pupillarity, raised reduction of the confirmation upon minority and lesion.
Alleged for the defender; There was no lesion by the confirmation, the testament being opulent, but only by the tutor's mal-administratian, whereof the minor will get relief from the tutor's cautioner.
The Lords refused to reduce the confirmation if the estate confirmed exceeded the defunct's debt.
Thereafter, it being alleged and proven, that the defunct's debt was three times more than the inventory of the testament, the Lords reduced the confirmation upon minority and lesion, and left the defender to recur against the tutor's cautioner in the confirmed testament, and his representatives; because, albeit executors are only liable secundum vires, the minors qua executors would be liable to actions, and put to charges.
