Shearer (Shearer's Tutor), Petitioner [1924] ScotLR 309 (23 February 1924)

Shearer (Shearer's Tutor), Petitioner [1924] ScotLR 309 (23 February 1924)

The Trusts (Scotland) Act 1921 does not empower a tutor-at-law, whose authority arises by operation of law and not by appointment, to sell a pupil's heritage. However, the Court may authorise such a sale under its nobile officium if necessity or expediency is established, subject to a report from a man of business.

Citation
[1924] ScotLR 309
Parties
Petitioner: George Alexander Shearer; Minor Daughter/concurrer: Dorothy Grace Hunter Shearer; Minor Daughter/concurrer: Mary Steel Shearer; Maternal Grandmother/concurrer: Mrs Grace Hunter or Steel
Jurisdiction
Scotland
Judgment Date
23 February 1924
Procedural Posture
Petition / Interlocutory (remit to Reporter Before Final Decision)
Outcome
Remit to reporter for inquiry; no final decision on sale yet.
Legal Topics
Powers of Tutor at Law, Trusts (scotland) Act 1921, Sale of Heritage by Tutor, Nobile Officium Jurisdiction
Trusts and Estates Family Law Property Law Powers of Tutor at Law Trusts (scotland) Act 1921 Sale of Heritage by Tutor Nobile Officium Jurisdiction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 9 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

George Alexander Shearer

Petitioner

Dorothy Grace Hunter Shearer

Minor Daughter/concurrer

Mary Steel Shearer

Minor Daughter/concurrer

Mrs Grace Hunter or Steel

Maternal Grandmother/concurrer

Procedural Posture

Petition / Interlocutory (remit to Reporter Before Final Decision)

Legal Issues

  1. 1 Does the Trusts (Scotland) Act 1921 empower a tutor-at-law to sell a pupil's heritage?
  2. 2 Can the Court, in exercise of its nobile officium, authorise such a sale?

Ratio Decidendi

The Trusts (Scotland) Act 1921 does not empower a tutor-at-law, whose authority arises by operation of law and not by appointment, to sell a pupil's heritage. However, the Court may authorise such a sale under its nobile officium if necessity or expediency is established, subject to a report from a man of business.

Court Disposition

Remit to reporter for inquiry; no final decision on sale yet.

Orders

  • Remit to Mr John Cameron, solicitor in Greenock, to inquire as to the value of the three heritable properties and to report on the expediency and desirability of their sale.