A manager or receiver appointed by the Court of Session, where the owner is under some legal incapacity to act for himself.
Definition source
Kinnear, J. B., Digest of House of Lords Cases Decided on Appeal from Scotland, 1709-1864 — Glossary of Scottish Law Terms (Edinburgh, 1865). Public domain.
Legal Subject: Curator Bonis |
| Case | Date | Legal Subject | Abstract |
|---|---|---|---|
| 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, Aliment, Succession, Creditor, Power of Attorney | 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. |
Documents discussing this subject (50)
- APPENDIX.
- APPENDIX. In Petition for Exoneration and Discharge. REPORT by the Accountant to the Court of Session, on the Intromissions and Management of James Dennistoun of Dennistoun, Curato
- Archibald Jerdon v. Helen Scott — Answers, 11 Feb 1784
- Crawford v. Ritchie — Correspondence, 22 Jun 1837
- David Paterson and Others v. John Pollock — Bill of Suspension, 19 Dec 1810 [2]
- David Paterson v. John Pollock — Answers, 20 Dec 1810 [3]
- George Johnston and James Home of Fairlaw v. John Home — Memorial, 27 Jun 1795
- Heritors of Stewarton v. Trustees on the High Roads, and Cunningham — Petition, 1 Jun 1796
- James Crawford, Junior v. James Ritchie — Reclaiming Note, 9 Sep 1837
- James Crawford, Junior v. James Ritchie, Mrs Frances Clementina Robertson or Rennie, and Richard Rennie — Answers
- James Hogarth Balgarnie v. The Heritors and Minister of the Parish of Duddingstone — State of the Process, 21 Nov 1859
- James, Viscount Strathallan, Robert Whigham, William Smythe, James Robertson and George Duncan Robertson v. Fletcher, Lord Grantley — Reclaiming Note, 14 Feb 1843
- Jane Lowrey or Maxwell v. William Maxwell and Others — Summons, 7 Mar 1831
- John Home v. Sir Alexander Purves — Replies, 7 Apr 1796
- John Pollock v. David Paterson — Answers, 9 Jan 1811 [2]
- John Pollock v. David Paterson — Replies, 1 Feb 1811
- Johnston v. Home — petition, 24 May 1800
- LC Volume 03 — Petition, 2 Jan 1812 [4]
- LC Volume 03 — Petition, 2 Jan 1812 [5]
- LC Volume 03 — Petition, 5 Feb 1813 [2]
- LC Volume 03 — Petition, 5 Mar 1811 [2]
- LC Volume 07 — Petition, 14 Nov 1837 [2]
- LC Volume 07 — Petition, 26 Jan 1837 [2]
- Mackay v. Houston — Duplies, 18 Feb 1796
- Miss Maria Watson v. Edwin Lindsay — State of the Process, 7 Feb 1842
- Mrs Barbara Stirling v. Sir John Stirling of Glorat, Baronet — information, 1 Jul 1800
- No. II. STATEMENT OF FACTS for Petitioner, AND ANSWERS thereto for the Respondent.
- Peter M'Intosh and Thomas Duncan v. William Armstrong — Bill of Advocation, 23 Jan 1837 [2]
- Petition — Dame Stuart Mary Heron Maxwell of Heron, only surviving Child of the deceased Patrick Heron of Heron, Esq., and Widow of the deceased Sir John Shaw Heron Maxwell of Heron and Springkell, Baronet
- Petition — David Ritchie
- Petition — Earl of Morton for Authority to Disentail. (ABERDOUR Entail.) [2]
- Petition — Hugh M'Intyre and Others for Appointment of Judicial Factor or Curator Bonis
- Petition — Isobel Samson, residing at Dunbar, the Sister, and James Samson, Sailor, John Samson, Ship-master in Leith, and Margaret Samson, in Pittenweem, the Nephews and Niece of the now deceased David Samson, late Factor to James Earl of Hopeton…
- Petition — James Connon & Others for Appointment of Curator Bonis
- Petition — Katharine Alison, Mary, and Jean Cuninghame, only lawful Children of Colonel James Cuninghame, second lawful Son of the deceased John Cuninghame of Balbougie, Writer to the Signet; and of Esther Cuninghame, only surviving Child of the dec…
- Petition — Mrs Francis Clementina Robertson or Rennie, Spouse of Richard Rennie, presently residing at Trinity Mains, near Trinity, with consent of the said Richard Rennie, as Curator and Administrator-in-Law for his said spouse, and the said Richar…
- Petition — Mrs. B. Edwards against Inner-House Interlocutor
- Petition — Mrs. M. Cheap and others, } for Factors and Curatores bonis
- Petition — Petition James a Dickson for Special Powers as Judicial Factor on Panbride Bleaching Work [2]
- Petition — Petition, Mrs. Mary Hamilton Nisbet Ferguson for Authority to charge part of the Entailed Estate of Dirleton with Debt
- Petition — Petition, Sir C. W. a Ross, and Alex. Matheson, Esq. for Curator Bonis to Alex
- Petition — Thomas Graham, Esq [2]
- Petition — William Patrick, W.S., Curator Bonis appointed by the Court of Session on the Estate and Effects of the deceased Archibald Buchanan, Esq. of Auchintorlie and Hillington, conform to Act of Curatory in his favour, dated 9th March 1833 ; and…
- Reclaiming Note, James Ritchie against Lord Jeffrey's Interlocutor
- Reclaiming Note. Charles Morland, Esq. against Lord Moncreiff's Interlocutor
- Robert Chalmers and James Duncan v. John Watson — Note of Advocation [2]
- Robert Primrose Paterson v. The Heritors and Minister of the Parish of Duddingstone — 21 Nov 1859
- Robertson and Others, Petitioners — Petition, 27 Feb 1777
- William Daniel Arthur Frank v. Lieutenant James Frank — Summons, 10 Apr 1794
- William Higgins, &c. v. Mrs Ross and Husband — Petition and Complaint, 5 Feb 1821
