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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> William Sinclair v George Sutherland. [1777] Hailes 752 (21 February 1777)
URL: http://www.bailii.org/scot/cases/ScotCS/1777/Hailes020752-0450.html
Cite as: [1777] Hailes 752
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[1777] Hailes 752
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 TUTOR AND CURATOR.
Date: William Sinclair
v.
George Sutherland
21 February 1777 Click here to view a pdf copy of this documet : PDF Copy
[Supp. V. 634.]
Covington. This particular case is not provided for by the testator. The lady survives, but she is married. This, in effect, is, quoad the tutory, the same thing as if she were dead.
Gardenston. Something not dissimilar was determined in the case of Scot of Benholme: a nomination of tutors by a father ought to have the most liberal interpretation.
Monboddo. There is no distinction in common sense between a single tutor surviving and a single tutor accepting.
On the 21st February 1777, “The Lords found that the nomination of George Sutherland as tutor still subsists.”
Act. Charles Hay. Alt. D. Armstrong. Reporter, Monboddo.
The electronic version of the text was provided by the Scottish Council of Law Reporting