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Walkinshaw of that Ilk, and Others, Tutors nominated by Johnston to his Children v Gray. [1743] Mor 4049 (9 December 1743)
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[1743] Mor 4049
Factory, when revocable - when understood revoked.
Walkinshaw of that Ilk, and Others, Tutors nominated by Johnston to his Children v. Gray
Date: 9 December 1743 Case No. No 5.
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Notwithstanding a factory be of its nature revocable by the granter or his heirs, though granted for a certain endurance, yet, where a defunct has appointed tutors for his heir, and granted a factory during his pupillarity, in that case, the factory is considered as a quality of the nomination of the tutors, even though they be in different deeds; upon which ground, the tutors in this case were not allowed during the pupillarity of the heir, to recal a factory granted by the defunct to William Gray during the pupillarity and minority of his heir, unless they could allege malversation; but there appeared no occasion to determine with respect to the minority.
Fol. Dic. v. 3. p. 200. Kilkerran, (Factor.) No 6. p. 183.
