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What a Minor cannot do even with consent of his Curators.
Waddel v. Waddel
Date: 6 January 1739 Case No. No 78.
Whether a minor can test upon moveables, notwithstanding a substitution.
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A father having made a settlement of his estate, consisting all of moveables, in favour of his son and daughter, equally between them; and failing any one of them by decease before marriage or majority, to the survivor, their heirs, executors, or assignees; after the father's death, the son died while minor and unmarried, after having by testament conveyed his half to his sister in liferent, and her children in fee; which being quarielled by his sister, as to her prejudice, it was found, ‘That the pursuer's brother having died minor and unmarried, could not, by deed of his, disappoint the father's destination.’
N B. It was admitted, that notwithstanding a substitution in moveables, the institute might thereupon test in his minority; but in respect the substitution was here limited to the event of the person's dying before majority or marriage, it was considered not as a simple substitution, but to imply a prohibition to alter before majority or marriage.
Fol. Dic. v. 1. p. 578. Kilkerran, (Minor.) No 1. p. 345.
