Scottish Court of Session Decisions

A B, a minor, possessed of heritable property, whose father was dead, being desirous of having curators appointed, raised an edict of curatory before the Judge Ordinary. The father was illegitimate, and consequently had no nearest of kin who could be cited to the edict or to the making up of inventories, as directed by the statute 1672, c. 2. The minor accordingly, referring to the case of Auchinloss, ¹ Feb. 2, 1831, presented a petition, praying the Court “to appoint this petition to be intimated in the usual form, and, upon resuming consideration thereof, in respect of the circumstances of this case, to authorize the Judge Ordinary of the bounds within which the petitioner resides, to proceed in the appointment of curators to the petitioner, on the citation of two of the nearest in kin on the mother's side, and all others having interest, edict-ally, as use is, and to make up and complete the curatorial inventories, at the sight of two of the nearest in kin of the petitioner by the mother's side, and to dispense with the citation of the nearest of kin by the father's side.”