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In this case, a tutor having uplifted his pupil's moveable sums, and, for better securing them, having taken an heritable security, and the pupil dying, and they, by the innovation of the security, falling to the tutor, who was his heir, the nearest of kin quarrelled it as a deed to his own benefit and behoof, and which restricted the minor's power of disposal; for if they had remained moveable as they were left by the father, they would have fallen under his testament, and she might have disposed on them; but being heritable, she could not during her minority. The Lords found the tutor could not innovate the securities so as to prejudge the nearest of kin.
