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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] ScotLR 1_137_1, [1866] SLR 1_137_1

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SCOTTISH_SLR_Court_of_Session

Page: 137↓

Court of Session Outer House.

1 SLR 137_1

Pet.—William Barrie and Others.

Subject_1Nobile Officium.

Facts:

Circumstances in which a curator bonis appointed ad interim.

Headnote:

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:

Counsel for the Petitioners— Mr D. B. Hope. Agent— Mr P. S. Malloch, S. S. C.

1866
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