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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Curators of Agnes Murray v Agnes Murray. [1744] 5 Brn 737 (28 January 1744) URL: http://www.bailii.org/scot/cases/ScotCS/1744/Brn050737-0903.html Cite as: [1744] 5 Brn 737 |
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[1744] 5 Brn 737
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, collected by JAMES BURNETT, LORD MONBODDO.
Date: Curators of Agnes Murray
v.
Agnes Murray
28 January 1744 Click here to view a pdf copy of this documet : PDF Copy
[Kilk., No. 7, Tutor and Curator.]
This was an action at the instance of Curators against a Minor, to force her to concur with them in a deed of administration which they thought necessary; and the question was, Whether there was any remedy competent?
The Lords found there was none in this case.
Lord Elchies said that a tutor acted for his pupil; the curator of a furious person likewise for him; but an interdicted person acted himself, with consent of his interdictors; and in the same manner a minor, with consent of his curators, whom he might want altogether, unless when his father named for him; and when he had them, was only obliged to advise with them. And this seemed to be the opinion of the bench.
The electronic version of the text was provided by the Scottish Council of Law Reporting