Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Watts v. Scrymzeour
Date: 22 December 1692
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[See the prior part of the Report of this Case, Dict. p. 14700.]
The Lords advised the case, mentioned 10th current, Watts against Scrymzeour and found, that the failing of the sine quo non, and much less the failing of the quorum, did not annul the whole tutory, as long as there were any of the persons nominate alive, and ready to accept and act; for they thought the defunct testator trusted any of these he had named, more than the tutors of law. Yet sundry of the Lords dissented from this, and urged that a parent might nominate a writer or servant in conjunction with others whom he trusted more, that the said servant might do the servile part; yet, if it had not been in contemplation of the rest, their check and oversight, he would not have given him the tutory alone, if the rest should either die, or abstain from accepting; and that in a nomination of two or more tutors jointly, though there were neither a quorum, nor sine quibus non, named, yet it seemed to be the defunct's conjectured meaning, that except they all embraced none could act. But the plurality of the Lords sustained the tutory.
