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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> M'Gruther [1835] CA 13_569 (27 February 1835)
URL: http://www.bailii.org/scot/cases/ScotCS/1835/013SS0569.html
Cite as: [1835] CA 13_569

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SCOTTISH_Shaw_Court_of_Session

Page: 569

M'Gruther
No. 177.

Court of Session

1st Division D.

Feb 27 1835

John M'Gruther,     Petitioner.— Whigham.

Subject_Factor loco Tutoris.—

Circustances in which the Court authorized the factor loco tutoris of a pupil, who was heir presumptive of an entailed estate of £800 a-year, to insure the pupil's life against that of the heir in possession for £500, and immediately to borrow one-half of the sum on the security thereof, to be applied towards the pupil's maintenance and education.

John M'Gruther, factor loco tutoris to Charles Campbell Graham, a pupil between seven and eight years of age, presented a petition, setting forth, that the pupil was next heir of entail to an estate of £800 a-year; that the heir in possession, a man about 85 years of age, was in delicate health, and had been many years married, without family, and his wife was above 40 years of age; that the pupil was entirely destitute of means, and was maintained at the petitioner's expense, at the rate of from £20 to £30 per annum; that it was proper to raise some fund to educate the pupil in a manner more suitable to his prospects, and he proposed to insure the pupil's life against that of the heir in possession, to the extent of £500, and to raise one-half of that sum immediately, and apply it for the pupil's maintenance. He referred to a precedent in March, 1833, John Hannay, petitioner. * He therefore prayed the Court, after the usual intimation and remit to the Lord Ordinary, “to authorize the petitioner to insure the sum of £500 upon the life of Charles Campbell Graham, and to borrow the one-half of that sum on the security thereof, to be applied in the manner, and for the purposes set forth in the petition.”

_________________ Footnote _________________

* Not reported.

The Court granted the petition.

Solicitors: Ainslie, Macallan, and Graham, W. S.—Agents.

SS 13 SS 569 1835


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URL: http://www.bailii.org/scot/cases/ScotCS/1835/013SS0569.html