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Scottish Court of Session Decisions >>
Watherstone v Her Tutors. [1665] Mor 16275 (00 June 1665)
URL: http://www.bailii.org/scot/cases/ScotCS/1665/Mor3716275-149.html
Are tutors accountable beyond the inventory sworn to?
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In a process pursued at the instances of Margaret Watherstone and John Lermont, her husband, against her tutors, for making count, reckoning, and payment, of her father's moveables pertaining to her, it being alleged, That they could not be further charged than the inventory contained in her father's confirmed testament, it was answered, That the inventory being given up and confirmed by the tutors themselves, the pursuers offered to prove, by their own oaths, that they intromitted with more than was confirmed, and greater prices than those confirmed. Replied, That they were not holden to swear contrary to the oath in testament. Answered, Sibi imputent, and tutors giving up inventory in name of their pupils, should do it so faithfully as they may not be liable to circumvention and omission therein, else minors would be in no security, who in such cases are more privileged than others.
The Lords repelled the allegeance, and ordained the tutors to swear; but withal, if any thing after oath should be found omitted, or ill appreciated, that the same shall be confirmed by a dative before sentence.
