Scottish Court of Session Decisions

Subject_1 TUTOR - CURATOR - PUPIL.

Thomas Wilson
v.
Ratho

Date: 24 February 1688
Case No. No. 225.

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Found that a curator is not obliged, after expiring of his office, to stock annual-rent, or to be liable therefore as tutors are for annual-rent after their office; but it is enough that they leave the annual-rents in the hands of responsal debtors.

It was alleged in this case, that tutors and curators lifting current annual-rent within the years of their office, and consequently where they are debtors to the minor, they ought to stock it quia nummi pupillares non debent esse otiosi.

Answered: They neither need to call for the annual-rents; nor, having called for them, are they obliged to employ them, seeing the minor's aliment and other affairs, perhaps debts, require tutors or curators to have ready money by them.

The Lords the second allegeance.

Harcarse No. 996. p. 281.