A factor loco tutoris was appointed with power to serve an infant heir to his predecessor, cum bene ficii inventarli, on its being represented that the service behoved to be expede within a year, and till that was elapsed, no tutory dative could be obtained.
Click here to view a pdf copy of this documet : PDF Copy
John Riddel, writer to the signet, deceased, leaving a nomination of tutors and curators to John Riddel his son, of whom Christian Nisbet the defunct's relict was appointed sine qua non; but the other tutors not thinking proper to accept, and the pupil's friends finding it adviseable that he should be served heir to his father cum beneficio inventarii, a petition was given in to the Lords in name of him and his mother, showing, That no tutory-dative could be obtained for a year, within which time it was necessary a service cum beneficio should be expede; and therefore craving that she might be appointed factor to him loco tutoris, or else, as she was named tutrix sine qua non, she might be authorised by herself to give up inventory.
A former petition had been given in, praying to have her appointed tutor, which was refused; but some of the Court observing, that they had formerly named a factor with these powers, the above petition was thereupon presented.
The Lords appointed Christian Nisbet to be factor to the petitioner loco tutoris, to the effect that she might make up inventories, and serve him heir to his father cum beneficio inventarii.
Petitioner, Murray.
D. Falconer, p. 180.*** Kilkerran reports this case:
The tutors appointed by John Riddel, deceased, to John Riddel his son, refusing to accept, application was made by the pupil, with concourse of his mother, who had been named tutrix sine qua non, craving that she might be appointed factor loco tutoris, and that special power might be given her to serve the pupil heir cum beneficio to his father. And it having been observed fromn the Bench, that the like had been done in the case of Baird of Sauchtonhall, January 13, 1741; and in anno 1711, in the case of the Lord Bargany, the Lords “Granted the desire of the petition.”
