Tutory – Inventory – Discharge.- 1. Held, in consequence of a tutor neglecting to give up in his inventory, a lease of dues current at the deceased’s death, that he was liable in payment of interest of these, from the dates at which they were respectively paid, and this, notwithstanding a discharge being granted for andpound;889, as the sum effeiring to the minor’s interest therein, in full satisfaction of all claims on that account, the minor having been kept ignorant of the claim and the state of the account. 2. Held, for the same reasons, that the curator was not entitled to charge any commission for his trouble. 3. Held that the curator, who had himself been a partner along with the deceased in the said lease current at the death, was not bound, on expiry of the same, to take a renewal also in the pupil’s name; but entitled to procure that renewal in his own individual name-the pupil having then attained full age, and the curatory expired.
[1773] UKHL 2 – Paton – 291, (1773) 2 Paton 291
Bailii
Scotland
Scotland
Updated: 13 January 2022; Ref: scu.561814