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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sinclair v Sutherland. [1777] 5 Brn 634 (21 February 1777)
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Cite as: [1777] 5 Brn 634
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[1777] 5 Brn 634
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 TUTORS AND CURATORS.
Date: Sinclair
v.
Sutherland
21 February 1777 Click here to view a pdf copy of this documet : PDF Copy
In the case of the children of Sir John Sinclair of Mey, all the tutors nominate declined, except the widow and her brother, Captain James Sutherland, who accepted. Soon after, the widow married, whereby the Captain was left sole tutor. The nomination was to the persons named, or a major part of them who should accept, and the survivor or survivors of them; the widow, during her viduity, being always one, et sine qua non. The Lords found that the tutory subsisted in the Captain.
Tutors nominate are the favourites of the law; and, in this case, it appeared to be the intention of the father, that the tutory should subsist not only in one survivor, but in one acceptor: The reason is the same. It would have been different, had it appeared to have been the father's intention that at least two should act, as in the case observed by Bruce, 17th February 1715.
The electronic version of the text was provided by the Scottish Council of Law Reporting