Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 YULE VACANCY.
Anent Tutors
1677.
January.
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A Man nominates his wife tutrix to his bairns, and in case either of her death or marriage, names another person; she refuses to accept, and renounces. Quæritur. This being casus non cogitatus, and not provided for by the father, if, on her renunciation, fit locus tutori substituio; like the two cases, voluntatis et impotentice, in vulgar substitutions of heirs. It is probable there will be room for a tutor-dative; yet so that if the tutor offer to accept, he tanquam ex voluntate patris presumpia, will be preferred to any other.
