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Lady Christian Graham and Others, v The Earl of Hopetoun. [1798] Mor 16385 (6 March 1798)
URL: http://www.bailii.org/scot/cases/ScotCS/1798/Mor3716385-314.html Cite as:
[1798] Mor 16385
Lady Christian Graham and Others, v. The Earl of Hopetoun
Date: 6 March 1798 Case No. No. 314.
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It is not a relevant objection to curatorial inventories, that of three relations of the ward by the father's side called in the action, for making up, two of them were not his nearest in kin.
A tutor being also the heir at law of his ward, purchasing lands for him with his moveable funds, is bound, in the event of his ward's death, either to account for their price to his executors, or to give them a conveyance to the lands.
The tutor of a fatuous person, although his heir a law, is not accountable to his executors for rents employed in paying heritable debts affecting the estate.
A tutor being also the heir at law of his ward, is not entitled, in accounting with his executors, to take credit for money employed in re-building a mansion-house and deer-park, and in making ornamental plantations.
Fac. Coll. No. 66. p. 150.
*** This case is No. 143. p. 5599. voce Heritable and Moveable.
