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Scottish Court of Session Decisions >>
Sir George Kinnaird of that ilk, Petitioner. [1680] 3 Brn 343 (27 February 1680)
URL: http://www.bailii.org/scot/cases/ScotCS/1680/Brn030343-0462.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Sir George Kinnaird of that ilk, Petitioner
Date: 27 February 1680
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Sir George Kinnaird of that ilk being nominated by Dr Yeaman tutor to his children, together with his brother and Dryburgh; and they two, who were made sine quibus non, being both dead, Sir George gives in a bill to the Session, craving he might be liberated of his acceptation of that tutory-testamentar, in regard it was now impracticable, the two persons by whose advice he was adstricted to act being both dead.
The Lords freed him of that acceptation, but ordained him to take a dative, and administer by it.
I think it would, in the same very manner, annul the nomination of the tutory testamentar, if the parties sine quibus non did repudiate and refuse to accept. Quær, whether a judicial disclamation be necessary, seeing without that they may repent and accept: though it be the opinion of some that they are limited within year and day.
