| MacGill v. Campbell |
1780
|
Factor Loco Tutoris |
This case was about the appointment of a guardian for John Brand, who was unable to manage his own affairs. William Ayton was appointed tutor by the Court of Exchequer, but he died before Brand’s incapacity was lifted. The beneficiary of Brand’s will, Sarah Macgill, requested the appointment of a factor loco tutoris (administrator) to manage Brand’s affairs on an interim basis. William Campbell and John Brand, W.S., relatives of the incapacitated Brand, opposed Macgill’s petition, arguing that Campbell had already petitioned the Court of Exchequer to become tutor-dative. |
| 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.” |
