Scottish Court of Session Decisions

This was an application to the Court by a tutor ad litem for advice under the following circumstances:—The applicant had been appointed tutor ad litem to one of the three nearest heirs called in a petition for the disentail of the estate of Riccarton. In the course of the correspondence between him and the petitioner in regard to the amount of consideration money to be paid by the latter for a consent by him on behalf of his ward, it was stated by the petitioner that he had been advised by counsel that the entail was defective. This being so, it came to be a question whether, in fixing the consideration-money for the consent, the alleged invalidity of the entall should be taken into account as an element, and upon that question the tutor ad litem now sought the opinion of the Court.

The Court declined to interfere, holding that

Page: 211↓

the tutor had under the Entail Amendment Act the most ample discretion, and in the exercise of that discretion the most ample immunity. He was entitled to come to what decision he pleased, and no one was entitled to know what the elements of his decision were. Unless he acted corruptly, his actings could not be called in question. The Court would be stepping out of its province to offer advice.