Scottish Court of Session Decisions

Subject_1 TUTOR - CURATOR - PUPIL.

Children of Duncan Fisher
v.
Their Tutors and Curators

Date: 2 August 1758
Case No. No. 290.

Quorum of tutors and curators.

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Duncan Fisher executed a nomination of tutors and curators to his children in the following terms: “I do nominate and appoint James Fisher, my father, Margaret Macneil, my spouse, during the widowity of the said Margaret Macneil, allenarly; and failing them by death, Donald Macneil of Collonsay, Angus and Alexander Macneils, James Campbell, writer, James Campbell of Oib, James Campbell of Raschilly, any two of them being a quorum, curators and tutors to Angus, James, and Barbara Fishers, my children, &c. with full power to them, or their said quorum, to manage my said children their persons and estate,” &c.

Duncan Fisher having died, and also James Fisher, who, with the wife, was named tutor in the first place, a question occurred, Whether, by the death of James, the first nomination was vacated, so as to make place for the second nomination? or, Whether, on the other hand, the wife was entitled, under the first nomination, to act alone?

“The Lords found, That the first nomination of tutors and curators has not failed by the death of James Fisher.”

Reporter, Colston. Fac. Coil. No. 131. p. 243.