Scottish Court of Session Decisions

Subject_1 MINOR.

Curators of Miss Murray
v.
Miss Murray

1744, Jan. 27.
Case No. No. 10.

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Those curators complained that Miss Murray refused to concur with them in appointing a factor with very large powers. We would not order the minor to answer, but allowed her to answer if she thought fit, and which she did, and told us she was very willing to name a factor, but told us some reasons why she declined to grant a factory either to that person, or in so large terms, and told us she doubted if we could interpose betwixt a minor and her curators. The President thought that cases might be figured wherein the necessity of the thing would give us jurisdiction. Arniston seemed to think as I did, that as in no case we can compel a minor to choose curators, neither can we, after they are chosen, compel her to any deeds but what she herself thinks proper. But we all agreed not to interpose in this case, and that there was no cause for it;—and therefore in general refused the desire of the petition.