A factor loco tutoris appointed for leading an adjudication for behoof of the apparent heir against herself.
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Where a pupil was both apparent heir and creditor to her father, and it appeared more expedient for her to betake herself to her debt than to represent, so that an adjudication was necessary, and which behoved to be led against herself, the Lords, upon the pupil's application, with concourse of her mother, appointed the mother factrix loco tutoris, with power to do diligence for recovery of the debts, and in order thereto to make them over to a trustee.
Kilkerran, No. 9. p. 587.*** D. Falconer reports this case:
A petition was given in in name of Rabina Pollock, only child to the deceased Captain John Pollock of Balgray, and Anna Lockhart her mother, showing, That, by her parents' contract of marriage, she was entitled to £.1000 Sterling of portion; that she was also creditor to her father for a sum left her in legacy by a friend, with which he had intromitted; that part of his estate was settled on heirs-male, who declined to enter, and part on her, as heir whatsoever; that it was thought expedient she should betake her to her provision and debt; and thereon, by adjudication, affect the estate; in which process it was necessary she herself should be summoned as heir, and that her claims should be made over to a trustee for that purpose, which she being under the age of pupillarity, and without tutors, could not do, and therefore craving the interposal of the Court.
The substance of the interlocutor was, “Appointing Anna Lockhart the petitioner's mother to be factrix loco tutoris over these two subjects, with power to her to do diligence for the recovery of them, and in order thereto, to assign them over to a trustee,"
Petitioner, H. Home.Clerk, Murray.
D. Falconer, v. 2. No. 152. p. 195.
