Scottish Court of Session Decisions

George Wilson, tutor-at-law of Cornelius Wilson, presented a petition, setting forth, that the pupil had succeeded to a heritable subject yielding £10 per annum of rent, and to a heritable annuity of £28, 11s.; that the succession was burdened with debts to the amount of £365, part of which was secured over the said heritage, and with legacies to the amount of £100; that the creditors who were unsecured were about to lead adjudications, the expense of which would consume the whole subject, but, if the petitioner was empowered to effect a heritable loan, these debts might be paid, and an income of £12, 10s. left for the pupil's maintenance. The petitioner submitted that, in these circumstances, the expediency of granting such authority was so great, as to make it substantially a measure of necessary administration for the preservation of the pupil's estate. He prayed the Court “to authorize and empower the petitioner to effect a loan to the amount of £350, or to such other amount as may be thought reasonable for the pupil's behoof; and in security thereof, to assign and convey to the lender the annuity payable to the pupil, or such part thereof as may be necessary, and to grant disposition and conveyance of the subjects out of which the said annuity is payable, and of the other heritable subjects to which the pupil has right; finding and declaring that the loan to be so made shall be in all respects as valid and effectual as if the same had been granted by the said pupil after having attained majority.”