This case was about the management of an estate by respondent Robert Caldwall, who served as tutor to his infant nephew. Petitioner William Mather, another uncle of the infant, alleged that Caldwall had mismanaged the estate. He therefore sought to have Caldwall removed as tutor or, in the alternative, ordered to prepare inventories of the estate and to find caution. The court initially ordered Caldwall to find caution, but Mather alleged in a subsequent petition that Caldwall had failed to do so and should be removed as tutor. In response, Caldwall alleged that John Wilson, the town clerk of Glasgow, had refused to accept his caution out of partiality to Mather. Caldwall requested an order requiring Wilson to accept the caution offered.

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