Scottish Court of Session Decisions

This was an application presented by Susan Buttar Hutchison praying for the appointment of a curator bonis to Thomas Hutchison and John Hutchison, her brothers. Under a previous application in 1872 the Court had appointed a curator bonis to the present petitioner, and a factor loco tutoris to her three brothers Alexander, Thomas, and John. When the petitioner attained majority in 1879 the person so appointed was discharged of his office quoad her estate, and on Alexander attaining majority in February 1881 a petition for discharge in so far as his estate was concerned was presented by the factor. Before the procedure in this petition was completed the factor died, and the present application was presented for discharge of the late factor and his representatives, and the appointment of a person named as curator bonis to Thomas and John Hutchison, who were now past pupillarity. The value of the estate was somewhat less than £400.

The Lord Ordinary (Fraser) having called attention to the doubts expressed by the First Division of the Court as to the competency of appointing a curator bonis to a minor pubes, the petitioner undertook to obtain a written concurrence from each of the minors, and craved the Lord Ordinary thereafter to make the appointment.

Authorities— Mayne, March 11, 1853, 15 D. 554, Lord Ivory's opinion; Accountant of Court v. Buchanan, March 3, 1854, 16 D. 717; Fraser on Parent and Child, 458; Thorns on Judicial Factors (Fraser's ed.), 255.

Written concurrence having been produced, the Lord Ordinary made the appointment.