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 TUTORS AND CURATORS.

Miss Graham of Gartmore
v.
Her Curators

Date: 23 June 1780

Click here to view a pdf copy of this documet : PDF Copy

William Graham of Gartmore named certain persons to be tutors and curators to his three daughters, with power to direct their education, and other usual powers: His wife, Mrs Margaret Porterfield, mother to the children, was one; and she intending to marry after Mr Graham's death, a gentleman, a merchant in Lisbon, her eldest daughter, who by this time was a few days above 12 years old, resolved to go and live with her. The tutors interposed by bill of suspension, and craved an interdict, prohibiting her to go out of Scotland till the question was tried, viz. how far a young lady under curatory such as this, a few days only above 12 years of age, had power to choose her place of residence. The bill was past, and an interdict granted; but, on report of Lord Braxfield, the Lords repelled the reasons of suspension, and removed the interdict. They were next to unanimous; but several of them regretted that, in females, pupillarity ended so early. They thought the special clause empowering the curators to direct the education of the young ladies made no difference, and they asked, where could a daughter stay more properly than with a virtuous mother?