Scottish Court of Session Decisions

Mrs Elizabeth Allan or Orr, widow of Robert Orr of Easter Auchenhean, and two of the nearest cognates of his two pupil children, presented a petition to the Lord Ordinary on the Bills, on April 5, 1838, stating that her husband had recently died, leaving no settlement; that he had left personal debts, exceeding the amount of his moveables, and also heritable debt, on which the Whitsunday interest required to be forthwith provided for; that his property of Auchenhean was a pasture farm, requiring to be immediately let for the season, in order to prevent loss; and, in these circumstances of urgency, praying the Lord Ordinary to appoint a factor loco tutoris, after intimation on the walls, and in the minute-book, and to the nearest agnate, who was entitled to serve tutor at law. ¹ The Lord Ordinary ordered intimation as craved, and thereafter, on 12th April, “having resumed consideration of this petition, and none appearing to object, nominated and appointed the said Robert Orr to be factor loco tutoris to the said Jean and Margaret Orr, until the third sederunt-day in May next, with the usual powers, he always finding sufficient caution, in terms of the act of sederunt; and ordained the petitioners to print and box this petition on the 26th instant, in order that it may be finally disposed of by the Court.”

The petition was now considered by the Court, and, no opposition being made, the appointment of the factor loco tutoris was granted in common form.