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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Tutor of Law of Ederline, &c. Supplicants. [1740] 1 Elchies 494 (27 February 1740) URL: http://www.bailii.org/scot/cases/ScotCS/1740/Elchies010494-011.html |
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Subject_1 TUTOR - CURATOR - PUPIL.
The Tutor of Law of Ederline, &c Supplicants.
1740 ,Feb. 27 .
Case No.No. 12.
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The Lords found that they could not authorize the petitioner to reassume the adminitration of the fatuous person's affairs, leaving him to do as he thinks meet as to the other point, i. e. the service. What moved the President and Drummore was the former decreet of declarator finding the tutory expired void and null; and Drummore proposed to add to the interlocutor, “in respect of the decreet of declarator,” which I own I opposed, because I doubted that without those strong words in the declarator, whether the tutory could revive upon Ederline relapsing into his furiosity, not only for the reasons mentioned in the petition, but also that by the stile of the letters of tutory from the Chancery, which is the law in this case, the tutory is to endure donec Deus clementia sua sibi morte vel convalescentia providerit
The electronic version of the text was provided by the Scottish Council of Law Reporting
