Scottish Court of Session Decisions

Subject_1Curator
Subject_2Ward's Estate
Subject_3Heir
Subject_4Alimentary Provision.
Facts:

Sir William Dunbar was curator bonis to Mr Hay of Leys and Randerston, who was of weak mind. The gross rental of the ward's estate was nearly £8000 a year, and the net rental, after deduction of all burdens upon the property, was £2000 a year. Mr Hay had one brother, Mr Hay Paterson, and two sisters. Mr Hay Paterson on attaining majority received payment of £10,000, provided for him by his father's settlement, which sum was borrowed over the estates. Shortly after receiving payment of the £10,000, Mr Hay Paterson lost it all by speculation, and, in addition, contracted debts to the amount of £16,000. He was accordingly adjudged bankrupt in the London Court of Bankruptcy, and in consequence of the amount of unsecured debts due by him, no allowance could be made to him by his creditors. As Mr Hay Paterson was next heir to the ward Mr Hay, Sir William Dunbar applied to the Court for authority to make payment to Mr Hay Paterson of an alimentary allowance of £250 a-year out of the surplus rents of the ward's estates, payable so long as Mr Hay Paterson was in circumstances to require it. Besides the circumstances narrated above, the ground of the application was, that Mr Hay Paterson was of weak constitution, and was incapacitated by his previous training and education from earning any livelihood for himself. The ward himself and his sisters concurred in the proposed arrangement.