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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Aitken's Trustees v. Aitken and Others [1921] ScotLR 433 (25 February 1921)
URL: http://www.bailii.org/scot/cases/ScotCS/1921/58SLR0433.html
Cite as: [1921] ScotLR 433, [1921] SLR 433
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SCOTTISH_SLR_Court_of_Session
Page: 433↓
Court of Session Inner House First Division.
v.
Facts:
Application for the appointment of a curator ad litem to parties to a special case, some of whom were in minority and others in pupilarity, granted.
James Ballantyne and others, as trustees under a disposition and assignation and two deeds of assignation and declaration of trust by the late James Aitken, shipbroker, Glasgow; the said James Ballantyne and others, as trustees under the trust-disposition and settlement of the said James Aitken; and the other parties interested in the estate of the said James Aitken under the above-mentioned deeds, brought a Special Case for the opinion and judgment of the Court.
On 25th February, in the Single Bills, counsel for the eighth parties, James Rupert Miles and Olive Joyce Reynolds, who were both in pupilarity, moved the Court to appoint a curator ad litem to them.
On 2nd March, in the Single Bills, counsel for the fifth parties, Bettie Florence Aitken, Natalie Aileen Aitken, Marjorie Aitken, Lionel Aitken, and Andrew Aitken, some of whom were in minority and others in
Page: 434↓
pupilarity, moved the Court to appoint a curator ad litem to them. Counsel for the eighth parties referred to Ward v. Walker, 1920 S.C. 80, 57 S.L.R. 121, and Macdonald's Trustee v. Medhurst, 1915 S.C. 879, 52 S.L.R. 698.
The Court appointed a curator ad litem in both cases.
Counsel for the Eighth Parties— Hunter. Agents— Campbell & Smith, S.S.C.
Counsel for the Fifth Parties— King. Agents— Arch. Menzies & White, W.S.