Hutcheon and Others v. Alexander and Others [1909] ScotLR 714_1 (06 January 1909)

Hutcheon and Others v. Alexander and Others [1909] ScotLR 714_1 (06 January 1909)

In contested circumstances, the Court is not bound to appoint the nominee of the nearest agnate and may exercise discretion to appoint a neutral professional as factor loco tutoris. Exceptional circumstances are required to appoint a curator bonis to a minor pubes against her will, which are not present in this case.

Citation
[1909] ScotLR 714_1
Parties
Petitioner: Edward Hutcheon; Petitioner: Robert Mearns; Respondent: Helen May Alexander; Respondent: John Alexander; Respondent: Henry Hutcheon; Respondent: George Duff Boddie
Jurisdiction
Scotland
Judgment Date
06 January 1909
Procedural Posture
Petition for Appointment of Judicial Factor and Curator Bonis / Final Judgment
Outcome
petition partially granted and partially refused
Legal Topics
Appointment of Judicial Factor, Curator Bonis, Minor's Rights, Court Discretion
Family Law Succession Law Appointment of Judicial Factor Curator Bonis Minor's Rights Court Discretion

Case Brief

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Parties

Edward Hutcheon

Petitioner

Robert Mearns

Petitioner

Helen May Alexander

Respondent

John Alexander

Respondent

Henry Hutcheon

Respondent

George Duff Boddie

Respondent

Procedural Posture

Petition for Appointment of Judicial Factor and Curator Bonis / Final Judgment

Legal Issues

  1. 1 Whether the Court should appoint the nominee of the nearest agnate as factor loco tutoris
  2. 2 Whether the Court can appoint a curator bonis to a minor pubes against her will

Ratio Decidendi

In contested circumstances, the Court is not bound to appoint the nominee of the nearest agnate and may exercise discretion to appoint a neutral professional as factor loco tutoris. Exceptional circumstances are required to appoint a curator bonis to a minor pubes against her will, which are not present in this case.

Court Disposition

petition partially granted and partially refused

Orders

  • Walter A. Reid, F. F. A., Aberdeen, appointed as factor loco tutoris to John Alexander with usual powers
  • Petition otherwise refused