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Scottish Court of Session Decisions >>
Ramsay v Hay. [1624] Mor 16245 (19 November 1624)
URL: http://www.bailii.org/scot/cases/ScotCS/1624/Mor3716245-089.html Cite as:
[1624] Mor 16245
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Curators chosen by one within pupillarity, though he were pubertati proximus, are not lawfully chosen, and so may be cassed, and the act of curatory reduced.
Spottiswood, p. 334.*** Durie reports this case:
In a suspension of charges raised upon a decree-arbitral, at the instance of one Ramsay contra Hay, the Lords found the submission and decree-arbitral null, in the same suspension, summarily, without reduction; because the submission was for the right of tutory of a minor betwixt two tutors; the one alleging himself to be tutor lawful, and the other testamentary; which right was submitted by them, and what satisfaction either of them should do to others for their rights; which the Lords found was not lawful to submit: And sicklike they found the decree null, because the Judges had decerned the one tutor to give to the other, for giving over of his right, some of the defunct's gear, which pertained to the minors, whose tutory was controverted; and so it was not lawful to give away the goods pertaining to the pupils for acquiring of the said right of tutory, by any of them, seeing thereby the pupils were evidently damnified.
