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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Gray v Lindsay. [1757] 5 Brn 861 (14 December 1757)
URL: http://www.bailii.org/scot/cases/ScotCS/1757/Brn050861-1056.html

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[1757] 5 Brn 861      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. Collected By James Burnett,Lord Monoboddo .
Subject_2 COMPLAINT FROM STIRLINGSHIRE.

Gray
v.
Lindsay

Date: 14 December 1757

Click here to view a pdf copy of this documet : PDF Copy

[Fac. Coll. II. No. 66.]

1758. February 10. Adhered to this interlocutor, but not by a great majority. It was said that curators were given to minors, not only for their own sake but for the sake of their heirs ; and therefore a minor, without his curators, could not alter the succession even of his moveable estate, except by way of testament; for example, he could not lend out his money and take the bond to himself, and to any particular series of heirs.

The case, upon the review, appeared more doubtful; and it may be doubted whether this be not a donation mortis causa, as a middle kind of thing betwixt a deed inter vivos and a testament.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1757/Brn050861-1056.html