Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 FACTOR LOCO TUTORIS.

Agnes Beveridge, Wife of Charles Blackstock, Petitioner

Date: 2 August 1776

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Charles Blackstock, surgeon in Dumfries, having become incapable to manage his own affairs by disease, though not in such a condition as to be cognosced; his wife applied for a factor to manage his affairs, in terms of the Act of Sederunt 1730; in respect not only of his situation in point of health, but that his estate, which was moveable, was of a precarious nature, and settled upon precarious security.

Alongst with this petition, she produced a certificate of the physician and surgeon who attended him, upon soul and conscience, certifying his present state of health.

The Lords did not think this evidence sufficient to authorise them to turn a man out of the possession and management of his own affairs: they desired further evidence, and therefore, in the first place, they ordered the petition to be intimated on the wall; and then no objection being given in thereto, they, (27th July 1776,) remitted it to an Ordinary to inquire into the situation of Mr Blackstock's health, and into the other facts set forth in the petition,—to grant proofs thereof, if proper or necessary, and to report.

The Ordinary accordingly took a proof, and, on report, 2d August 1776, the Lords nominated the factor.