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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Corson [1835] CA 13_1093 (10 July 1835) URL: http://www.bailii.org/scot/cases/ScotCS/1835/013SS1093.html Cite as: [1835] CA 13_1093 |
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Page: 1093↓
Subject_Judicial Factor—Curator Bonis.—
Petition by a curator bonis, for authority to enter into a submission regarding the moveable effects of an imbecile party, refused as unnecessary.
John Corson, farmer, presented a petition, stating that he had been appointed curator bonis to Thomas M'Michael, farmer, who laboured under mental incapacity: that, at the period when M'Michael was thus attacked, there were various claims of accounting between his three younger brothers and himself, arising out of their father's succession: that these related entirely to moveable effects: that all the brothers had applied to the petitioner to concur in submitting these claims to arbitration, and the petitioner was satisfied of the expediency of doing so, but was doubtful of his powers. He therefore prayed the Court “to authorize and empower the petitioner, as curator bonis to Thomas M'Michael, to enter into a submission, on the said Thomas M'Michael's part, of all claims and disputes betwixt him and his brothers, William, Robert, and John M'Michael, to any respectable arbiter or arbiters to be chosen by the parties.”
At moving the petition, Corson stated that he was now satisfied the power to submit, belonged inherently to the office which he possessed.
The Court thereupon refused the petition as unnecessary.
Solicitors: D. Whigham, W.S.—Agent.
