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In an action pursued by William Ruthven, as tutor lawful to the bairns of Mrs. William Ruthven, it was found, That he could not pursue as tutor in law, because there were tutors testamentars nominated, viz. the Laird of Pourie, Alexander Fotheringham, his brother, and the said Hary himself; and albeit Powrie be deceased, yet the tutory testamentar remained in the person of the said Alexander and Hary, per L. Undecimum D. De Testamentaria Tutela.
The like decided betwixt George Faside and Adamson.
