Scottish Court of Session Decisions

Subject_1 TUTOR - CURATOR - PUPIL.

Taylor
v.
Forrester

Date: 24 January 1622
Case No. No. 83.

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Taylor against Forrester's suspension of a decree of deliverie of the pupils to Forrester, tutor dative. Reason, the pupils are with them seven years; and albeit they were past 7, the tutor is father brother et alioqui successurus to them, and is a poor man, and so suspect; and eiked, that the assignee by Forrester has divers actions against the pupil competent to him as successor to their father, who was intromitter with the cedent's gear; whilk actions he man renunce before he can pursue as tutor; and he craves the bearns, that he may exhaust their goods, by their entertainment, the goods confirmed being only £.400, the annual whereof will scarcely entertain them; and she, being mother, is content to entertain them on the annual, or the half of the sum. The Lords, after they had found the letters orderly proceeded, notwithstanding of the hail reasons, except the last member of the eik, anent the entertainment, they fand that offer to entertain the bearns upon £.20 libelled relevant, she finding caution to relieve the tutor of their entertainment; therefore assigns a day to find caution, and continue the matter in the meantime.

Clerk, Hay. Nicolson MS. No. 49. p. 337.