Marjory Fidlar and William Her Father, Supplicants
Date: 15 January 1745 Case No. No. 277.
Effect of exclusion of the father's administration.
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Marjory More, relict of William Johnston, druggist in Edinburgh, having right to 1,000 merks, contained originally in a bond granted by Mr, Aexander Laing of Yardheads of Leith, and in a bond of corroboration by Barbara Kay his relict as principal, and William Chalmers, writer in Edinburgh, as cautioner, assigned the same to Marjory Fidlar, her grandchild, daughter to William Fidlar, writer in Edinburgh, excluding always the said William Fidlar from the succession or administration, and providing, that it should not be in her power to uplift or assign the money till her marriage or majority.
Mr. Fidlar gave in a petition in his daughter's name, who was under the age of pupillarity, and in his own, as her administrator in law, showing, That the cautioner was become free by the septennial prescription; that the money was not sufficiently secured; that the grandmother, when she excluded him, had named four tutors and curators, three of whom had positively refused to accept, and the fourth had not signified his inclination either way; that by this the administration returned to the legal course; and therefore craved warrant for a bill of horning.
The Lords granted warrant to the Ordinary to pass the bill of horning, on Mr. Fidlar's lodging security in the hands of the clerk to the bills, to re-employ the money in the terms of the assignation, excluding his own administration.
