Subject_1 TUTOR - CURATOR - PUPIL.
M'Whirter
v.
Mackilvan
1736 ,July 30 .
Case No.No. 5.
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The Lords preferred the tutor of law and who was his pupil's next successor to the custody of his pupil, a girl of five years old, before the grandfather by the mother's side, (the mother having married a second husband) the tutor offering to aliment gratis. What moved them to do so was the smallness of the pupil's means whereof the interest was only about 40 merks per annum, which I own I thought no good reason, because neither seemed the tutor to be very rich.
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