Scottish Court of Session Decisions

Subject_1 TUTOR - CURATOR - PUPIL.

Robert Leckie
v.
David Rennie

1748, Dec. 7.
Case No. No. 19.

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In May 1728, James Rennie disponed his effects to his nephew James Rennie in liferent, and his son David the defender in fee, excluding the father's power of administration; and named six tutors to David, whereof one was Andrew Leckie, notary-public; and left several legacies, and among others 100 merks to Andrew Leckie. After James Rennie's death, the tutors met and inspected the settlement, and adjourned their meeting in July 1728, and Andrew Leckie does not appear to have again met with them. The other tutors appointed one of their number, William Danskine, factor, without finding caution, who managed very ill, and the effects were embezzled or perished, and the debts not paid. In July 1729, Andrew Leckie required the other tutors to remove Danskine from the factory, and call him to account, and appoint another factor with a cautioner, and in that case declared himself willing to join with them, otherwise protested that his not joining with them might not deprive him of his legacy. One of the tutors declared his willingness to remove Danskine, and Danskine himself declared his willingness to give up the factory, and to account, but no more followed upon it. August 1729 Leckie obtained a decreet of the Sheriff of Stirling for his legacy, which was suspended in 1732, and came before me to be discussed, in the name of Robert Leckie, son of Andrew Leckie. The question was, if the Roman law takes place with us in this point, and whether in this case Leckie had a good excuse for not accepting. The Lords pretty unanimously found the legacy not due, and thought that the bad management of the other tutors made it rather the more necessary for him to interpose.