MacGill v. Campbell

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.