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Scottish Court of Session Decisions >>
Laird of Dury v The Relict and Daughter, of umquhile Dury, his Brother. [1666] Mor 16277 (6 February 1666)
URL: http://www.bailii.org/scot/cases/ScotCS/1666/Mor3716277-154.html
Laird of Dury v. The Relict and Daughter, of umquhile Dury, his Brother
Date: 6 February 1666 Case No. No. 154.
A pupil was found to be in the keeping of her mother, who was a widow, till she was 11 years old, and then of a friend of her father's side, but not of the tutor, who was nearest to succeed.
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Dury being served tutor of law to his brother's only daughter, pursues her mother for delivery of her to be educated by her tutors. It was alleged, That he was to succeed to her, and so could not have the custody of her person; 2do, That she was but nine years old, and her mother unmarried, and so she was the fittest person to educate her; especially seeing she was the only living child of many, and so not likely to be lively. It was answered, That the tutor insisted not for the custody of his pupil himself, but condescended on several persons with whom she might be educated; and alleged, that she having £.40,000 of provision out of the family, there was no reason she should be kept by her mother, and disposed of at the pleasure of her mother's friends.
The Lords decerned the child to be delivered to Mr. Alexander Gibson, one of the Clerks, to be educated with him; but superseded execution of the sentence till Whitsunday come a year, that she might be delivered to her father's friends before she was eleven years old, and could have any thoughts of marriage.
