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Authority granted to a judicial factor on a small moveable estate to which a woman in poor circumstances had succeeded, her husband having been absent from her without making any provision for her support, and not having been heard of for a period of eight years, to pay over the estate to the wife on obtaining a discharge from a man of business whom she and her children had previously appointed to be their factor and commissioner.
In 1869 Mrs Helen Fraser or Sime became entitled on the death of her uncle James Ross to a share of his estate ab intestato. Shortly thereafter, and before Mr Ross’ estate was wound up, Mrs Sime and her husband went to America, leaving a factory and commission in favour of Mr James Ross, solicitor, Montrose, with full power to uplift the sums due to them out of the executry estate of Mrs Sime's uncle.
In 1873 Mr Sime disappeared, and had not been heard of since that time. He had made no provision for his wife's support. She was in poor circumstances, and unable to support herself.
On 5th July 1880 Mrs Sime and her three children granted a factory and commission in favour of Mr Purves, W.S., and presented a petition for the appointment of a judicial factor on the sum that might be found due by Mr Ross as the balance of his intromissions with the executry estate before mentioned. Mr Pattison, accountant in Edinburgh, was appointed factor on 16th September 1880, and received a balance amounting to £60, 14s. 9d.
Mr Pattison now made application to the Court in the circumstances set forth—of the truth of which he stated he was satisfied—for authority to make payment to Mrs Sime of the balance remaining due in his hands; or otherwise, for authority to make payment to Mrs Sime of the sum of £15 yearly. The application was made with concurrence of her three children, two of whom were settled in America, and the third, a daughter, was married.
The Lord Ordinary, after remitting to a man of business to investigate the facts and circumstances set forth, pronounced this interlocutor” Grants authority to the petitioner Mr Gilchrist Gray Pattison, as judicial factor mentioned in the petition, to make payment to the petitioner Mrs Helen Fraser or Sims of the free balance remaining due in his hands on a discharge to be granted by A. P. Purves, W.S., factor and commissioner for said Mrs Helen Fraser or Sime and her children, after deducting the expenses incurred and to be incurred by the judicial factor prior to his discharge; and decerns.”
Counsel for Petitioner— D. Robertson. Agent— A. P. Purves, W.S.