| Jaffray v. Givan |
1802
|
Non compos, Curator Bonis |
When Friskin's father died, Robert Givan, Friskin’s relative on his mother’s side, took the management of Mr. Friskin’s affairs and properties. Then, Henry Swan was nominated curator bonis. After many years, Mr. Jaffray, his sisters and others brought this action to be appointed Mr. Friskin’s tutor at law stating that they were the nearest relations of Friskin's father. Defenders opposed Mr. Jaffray’s petition and supported the appointment of Mr. Swan. |
| Mrs Helen Scott v. Archibald and Jean Jerdons, and their Tutors and Curators |
1784
|
Curator Bonis, Factor Loco Tutoris, Fraud |
Helen Scott, the niece of Archibald Jerdon, asked the court to investigate whether a curator bonis or factor loco tutoris (i.e., a legal guardian) should be appointed for Jerdon. As a matter of law, Jerdon opposed Scott’s request, but Scott alleged that the opposition had really been coordinated by a man seeking to take advantage of Jerdon in his old age. After Scott’s petition was granted, Jerdon sought further review, arguing that a man could not be divested of his affairs without a more rigorous proceeding commenced by a “brief of idiotry.” |
| Robertson and Others, Petitioners |
1777
|
Curator Bonis, Insanity |
At the beginning of 1772 William Laird was said to have been "seized with a violent disorder which affected his head." According to Hary Robertson and George, James, and Alexander Oswalds, since then Laird had been incapable of conducting his own affairs and had been intermittently confined to his room for months at a time. At the beginning of 1777, upon returning from Mr Paxton's in Edinburgh, where he had been "riding, fencing, and learning the manual-exercise of a soldier," Laird assaulted James Dennistoun of Colgrain at the Cross of Glasgow. Laird was then seized and about to be committed to the tolbooth, when Robertson and the Oswalds persuaded the Glasgow Magistrates to allow his confinement at the Town Hospital instead. Robertson and the Oswalds then petitioned the Court of Session to appoint Harry Robertson "or any other proper person" as Laird's legal representative with the power to oversee his affairs. They explained that Laird had earlier granted a commission in favour of them to manage his business affairs, but that they also required the legal power to manage his private affairs as well. |
