Accountant of Court (Penney), Reporter [1907] ScotLR 643 (16 May 1907)

Accountant of Court (Penney), Reporter [1907] ScotLR 643 (16 May 1907)

Factors appointed by Sheriffs or Sheriff-Substitutes for the purpose of confirming to the estates of intestate persons who have left no representatives, or whose representatives are in minority or pupillarity, are subject to the supervision of the Accountant of Court and the provisions of section 6 of the Judicial Factors (Scotland) Act 1889. The fact that a factor may become executor-dative does not remove them from such supervision.

Citation
[1907] ScotLR 643
Parties
Reporter: Accountant of Court (Penney), Reporter
Jurisdiction
Scotland
Judgment Date
16 May 1907
Procedural Posture
Judicial Factor Supervision Reference / Report and Determination by Inner House, First Division
Outcome
Application granted; rule pronounced.
Legal Topics
Judicial Factors, Supervision of Factors, Sheriff Court Practice, Intestate Estates, Minors' Estates
Trusts and Estates Judicial Administration Judicial Factors Supervision of Factors Sheriff Court Practice Intestate Estates Minors' Estates

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Parties

Accountant of Court (Penney), Reporter

Reporter

Procedural Posture

Judicial Factor Supervision Reference / Report and Determination by Inner House, First Division

Legal Issues

  1. 1 Whether factors appointed by Sheriffs or Sheriff-Substitutes to confirm to estates of intestate persons without representatives or with representatives in minority are subject to the supervision of the Accountant of Court under the Judicial Factors (Scotland) Act 1889, section 6.

Ratio Decidendi

Factors appointed by Sheriffs or Sheriff-Substitutes for the purpose of confirming to the estates of intestate persons who have left no representatives, or whose representatives are in minority or pupillarity, are subject to the supervision of the Accountant of Court and the provisions of section 6 of the Judicial Factors (Scotland) Act 1889. The fact that a factor may become executor-dative does not remove them from such supervision.

Court Disposition

Application granted; rule pronounced.

Orders

  • Factors appointed by Sheriffs or Sheriff-Substitutes for the purpose of confirming to the estates of intestate persons without representatives or with representatives in minority or pupillarity shall fall under the supervision of the Accountant of Court and be subject to section 6 of the Judicial Factors (Scotland)...