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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Hary Barclay, Petitioner
Date: 22 February 1698
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Hary Barclay, son to Barclay of Hilton, being a minor, and having some heritage beside Kirkaldy, which came to him by his mother, gave in a petition, representing, that his father was his administrator and tutor of law, but was bankrupt and in prison, and would dilapidate his means and rents if he were suffered to intromit; therefore craved he might be allowed to choose another curator in place of his father, who might manage his affairs, and find caution.
The Lords thought it reasonable there should be a remedy in such a singular case; but, not to divest him of his parental right without a trial, they ordained the father to be heard before the Ordinary on the Bills; even as a husband, though curator to his wife, yet, if he be vergens ad inopiam, and she having an action against him, for securing her liferent, the Lords will authorise another to be her curator in such a circumstantial case.
