Administrator's power to uplift the pupil's money.
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Mr. James Boswel of Auchinleek, being debtor in a certain sum to —————, which, upon the creditor's decease, fell to his sister's son, his nearest of kin, a pupil; and the pupil's father as his administrator-in-law, proposing to lift the money, in order to his employing it more beneficially for his son's behoof, Auchinleek, in order to his more safe payment, procured a suspension. At discussing whereof, the Lords, on the Ordinary's verbal report, without enquiring into the administrator's view, or design in taking up the money, “Found the letters orderly proceeded,” in respect it was not alleged that the administrator was in suspected circumstances.
