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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Gilray (Robertson's Curator) [1872] ScotLR 9_460 (21 May 1872) URL: http://www.bailii.org/scot/cases/ScotCS/1872/09SLR0460.html Cite as: [1872] SLR 9_460, [1872] ScotLR 9_460 |
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Page: 460↓
Circumstances in which the Court refused to sanction a curator bonis to carry on the business of a lunatic, but directed the Accountant of Court to fix the rate of commission for past services.
Mr John Gilray, coal merchant, Edinburgh, was in 1867 appointed a curator bonis to a lunatic, William Robertson, ironfounder, Oakfield Foundry. The assets of the estate consisted chiefly of the stock and effects of the foundry, and of such profits as could be made out of the business. The curator continued to carry on this business, and in auditing his first account, closed on 30th June 1868, the Accountant of Court allowed the curator £100 as commission for the work which he had done, but stated in a note that as the foundry business was of a hazardous nature, the Court would not sanction the curator to carry it on, and that it would therefore be necessary for him to discontinue doing so. The curator, however, continued at his own risk to carry on the business, to the great benefit of the estate, and of the lunatic and his family. But when the Accountant of Court audited his accounts up to 30th June 1871, he reserved the question of commission, on the ground that it would imply approval of the curator carrying on the business, which involved such risk that it might terminate in the loss of the whole estate. The factor, however, having urged his claim for commission for the period up to 30th June 1871, the Accountant reported the matter to the Lord Ordinary on the Bills for instructions, and the Lord Ordinary having refused in hoc statu the curator's motion to have the amount of his commission fixed by the Accountant, the curator reclaimed.
Black for the Curator Bonis.
Lee for the Wards.
At advising—
Page: 461↓
I am of opinion that the Court should recall the interlocutor of the Lord Ordinary, and direct the Accountant of Court to fix the rate of commission to be paid to the curator for his services from 30th June 1868 to 30th June 1871.
Solicitors: Agents for Petitioner— Curror & Cowper, S.S.C.
Agent for Ward's family— H. W. Cornillon, S.S.C.
