Subject_1 SOLIDUM ET PRO RATA. Subject_2 SECT. XX.
Quorum of Judges. - Arbiters. - Auditors. - Trustees.
Mary More v. Grier
Date: 10 February 1693 Case No. No. 124.
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The Lords found, since one of the four friends, nominated to divide the 1500 merks among the children, was dead, that the division made by the three surviving could not subsist, but that it ought to fall to them as it would by course of law and succession ab intestato; especially seeing their distribution was unequal: And when it was urged, that in a tutory the death of one did not evacuate the nomination, but it resided in the rest; it was answered, That was a trust of a current administration, having a tract of time, which this had not, and so could not accresce to the survivors, unless it had borne a power to any of the four, or a quorum.
Fol. Dic. v. 2. p. 388. Fountainhall, v. 1. p. 558.
