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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 TUTOR AND CURATOR.
Date: Agnes Watson
v.
Mary Rae
16 July 1773 Click here to view a pdf copy of this documet : PDF Copy
[Fac. Coll., VI. 207; Dictionary, 16, 369.]
Hailes. There is no contrariety in the decision of Little Libberton, as reported
by Forbes and Fountainhall; only the one account of it is more special than the other. Kennet. The curators cannot be excused as to omissions, for they neglected to make up inventories.
President. An express statute was necessary, in order to authorise the father to dispense as to omissions. We cannot extend the statute: if we could, we ought not; for then every curator would insist to be named without being liable for omissions. If this is the common practice, so much the worse. A judgment of the Court is the more necessary, to correct abuses.
On the 16th July 1773, the Lords found the curators liable for omissions; adhering to the interlocutor of Lord Auchinleck.
The electronic version of the text was provided by the Scottish Council of Law Reporting