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Irving of Belty and his Daughter v Rolland of Disblair. [1692] 4 Brn 8 (23 Nov 1692)
URL: http://www.bailii.org/scot/cases/ScotCS/1692/Brn040008-0016.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Irving of Belty and his Daughter v. Rolland of Disblair
Date: 23 Nov 1692
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Irving of Belty and his daughter against Rolland of Disblair. The Lords suspended the letters; and found Disblair, her curator, had reason to look to her portion, and that she could not disclaim the process; and though a father be administrator of the law to his daughter while minor, yet when he is debtor to her by a bond of provision, and has married a second wife, he cannot be curator in re propria, but she might choose other curators; and that the act of Privy Council, in 1688, did not annul the curatory, but only ordained his daughter to be delivered back to him; which was due by his paternal right, though he was a Papist. And if she refused to concur with the curators in uplifting and discharging the rents, (as she might,) then they might seek to be exonered of their office of curatry; and if the minor thought they had not found sufficient caution, she might either remove them, or cause them find better caution.
