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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Molleson (Pringle Pattison's Curator) Petitioner [1890] ScotLR 27_259 (10 January 1890)
URL: http://www.bailii.org/scot/cases/ScotCS/1890/27SLR0259.html
Cite as: [1890] SLR 27_259, [1890] ScotLR 27_259
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SCOTTISH_SLR_Court_of_Session
Page: 259↓
Court of Session Inner House First Division.
Facts:
A curator bonis has power to grant leases of agricultural subjects for a duration not exceeding twenty-one years, and to grant abatements of rent.
J. A. Molleson, C.A., who was appointed curator bonis to Mrs Pringle Pattison in July 1888, let a farm forming part of the ward's estate for fifteen years from Whitsunday 1889, and at the collection of rents in August 1888 he granted to the tenants of six other farms abatements of rent. Thereafter in February 1889 he presented this note craving the Court to find that he was empowered by the Trusts Acts of 1867, 1884, and 1887 to grant the lease and the abatements of rent mentioned without the necessity of applying to the Court for the sanction contemplated by section 7 of the Pupils Protection Act.
The 2nd section of the Act of 1867 gave power to certain classes of trustees to grant agricultural leases for periods not exceeding twenty-one years.
The Act of 1884, which conferred increased powers of investment upon trustees, enacted in its 2nd section that “trustee” should in the Acts of 1861 and 1867 include, inter alia, curator bonis.
Section 2 of the Act of 1887 provided that, in addition to the powers conferred upon trustees by the 2nd section of the Act of 1867, in all trusts to which that section applied trustees should have power to grant abatements of rent, and section 3 provided that abatements granted prior to the passing of the Act should not be liable to challenge.
The Lord Ordinary ( Wellwood) reported the matter to the First Division, who, after hearing counsel for the curator and the Accountant of Court, ordered the case to be argued before Seven Judges. Before the case was heard the Judicial Factors (Scotland) Act 1889 came into operation, by section 19 of which it was enacted that the provisions of the Trusts Act of 1887 should apply to and include all trusts and trustees as defined by the 2nd section of the Act of 1884.
On 10th January 1890 the Court recalled their interlocutor ordering the case to be argued before Seven Judges as no longer necessary, and found that in terms of the Trusts Act 1867, as amended and extended by the Act of 1884, and of the Trusts Act 1887, and of the 19th section of the Judicial Factors Act 1889, the curator bonis was empowered to grant the lease and the abatements of rent already mentioned without the necessity of applying to the Court for the sanction required by section 7 of the Pupils Protection Act.
Counsel for the Curator Bonis— R. Johnstone— C. K. Mackenzie. Agent— Robert Strathern, W.S.
Counsel for the Accountant of Court— W. Campbell. Agents— Mackenzie, Innes, & Logan, W.S.