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Scottish Court of Session Decisions >>
Lord Drumore, Sir John Baird, and Sir James Dalrymple, Petitioners. [1744] Mor 16349 (27 January 1744)
URL: http://www.bailii.org/scot/cases/ScotCS/1744/Mor3716349-276.html Cite as:
[1744] Mor 16349
Lord Drumore, Sir John Baird, and Sir James Dalrymple, Petitioners
Date: 27 January 1744 Case No. No. 276.
If there be a remedy, where the minor refuses to concur with his curators?
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Curators applied by summary petition, representing, That the minor refused, without reason, to concur with them in appointing a factor; and therefore craving that the Lords might authorise them to act in the management of the minor's affairs without her concurrence, or that they might give such other remedy as to their Lordships should seem just.
Upon advisng this petition, with the answers thereto, it was the general opinion, that there was no authority in the Court to compel a minor to act with his curators, more than to compel a major to act with his interdictors; that as the Court could not compel a minor to chuse curators, so it could not authorise them to act without the minor. And though the consequence of this should be to elude the act 1696, there was no help for that; nor was that act of Parliament ever so understood, that the father could force the minor to submit to his nomination, though at the same time it is true, that where the father has nominated, the minor cannot chuse others.
However, as the answer made to this petition was thought satisfying in point of fact, the petition was refused without giving judgment upon the general point of law.
