Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
John Reid and Janet Penman v. Lord Polwort and James Deas
Date: 12 January 1693
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John Reid and Janet Penman, his mother and tutrix, against the Lord Polwort, and Mr. James Deas, advocate, mentioned 22d December 1692.
The Lords found the assignation was not donatio mortis causa, and was three or four years before George Reid, the goodsire's death, and that the tutrix might uplift, seeing two of the overseers were dead, and the other two renounced by a writ under their hands: and that, though the debtor might refuse to pay where there was not an inventary of the minor's estate made; yet here they allowed it to be given in cum processu. Though the President thought that clause was only to remove the tutor as suspect, but not to hinder the pupil, with a curator assigned to him, ad hanc litem, to uplift without any inventary. But the Lords inclined to have an inventary made, else by a curator ad litem the said useful act of Parliament 1672, introduced in favour of minors, might be totally frustrated and evacuated.
