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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Pet. - William Barrie and Others [1866] ScotLR 1_137_1 (3 February 1866)
URL: http://www.bailii.org/scot/cases/ScotCS/1866/01SLR0137_1.html
Cite as: [1866] SLR 1_137_1, [1866] ScotLR 1_137_1
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SCOTTISH_SLR_Court_of_Session
Page: 137↓
Court of Session Outer House.
Facts:
Circumstances in which a curator bonis appointed ad interim.
This was an application for the appointment of a curator bonis. The petition prayed also for the appointment of a curator bonis ad interim, pending the currency of intimation and service. The ground on which this was asked was that the petitioners, who
Page: 138↓
had been appointed trustees and executors under the settlement of the person requiring the curator, had “learned that attempts have recently been made to induce him to transfer a large portion of his means to persons exercising undue influence over him, and they fear that he may be liable to be subjected to further undue influence and interference, whereby his estate may be squandered.” There was no precedent cited for such an interim appointment, but Lord Mure, in the circumstances, nominated the party suggested by the petitioners, ad interim, and appointed intimation and service of the petition.
Counsel for the Petitioners— Mr D. B. Hope. Agent— Mr P. S. Malloch, S. S. C.