The appointment of a factor loco tutoris falls by the service of the tutor of law.
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John Henderson was appointed factor loco tutoris to the infant grandchildren of John Bell, and continued in the office for several years. Afterwards, John Bell expede a service as tutor of law to his grandchildren; of which John Henderson brought a suspension. The reasons were, the delay of the agnate in claiming the tutory, his great age, his residence in England, and having entered into a second marriage.
The Lords repelled the reasons of suspension.
Lord Ordinary, Hailes.Act. G. Wallace.Alt. Honyman.Clerk, Menzies.
Fac. Coll. No. 153. p. 238.
