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Lord Anstruther v Lord Edward Murray and His Lady. [1694] 4 Brn 159 (22 February 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040159-0368.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Lord Anstruther v. Lord Edward Murray and His Lady
Date: 22 February 1694
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Lord Anstruther against Lord Edward Murray and his Lady, for delivering up his brother, Sir James's two children to him, as the nearest heir on the father's side. The Lords found, the daughter being past twelve, and having chosen curators, she could not be exhibited; but had it in her option to stay with her curators, or where she pleased: for, she who could now dispose of herself in marriage, could much more choose where to stay. But, as to the son, who was yet in pupillarity, they found, he ought to be delivered to Sir Philip Anstruther, his goodsire, that he might educate him where he pleased; seeing the mother was married again.—See the like, 6th February 1666, Laird Dury; and 5th February 1675, Fullarton.
