Murray v. Maclay [1903] ScotLR 41_119 (28 November 1903)

Murray v. Maclay [1903] ScotLR 41_119 (28 November 1903)

The court held that the welfare of the children had been well attended to by the guardian appointed by the mother, who had the statutory right to appoint a guardian. The mother expressed a clear wish for the children to be brought up as Protestants, and the guardian acted accordingly. There was no evidence of misconduct or failure of duty by the guardian, and no sufficient ground to interfere with his discretion or to remove him. The court refused to direct the guardian regarding religious upbringing or to approve a scheme for Catholic education.

Citation
[1903] ScotLR 41_119
Parties
Petitioner: Murdoch Murray; Respondent: James Maclay
Jurisdiction
Scotland
Judgment Date
28 November 1903
Procedural Posture
Petition / Final Judgment
Outcome
petition refused
Legal Topics
Custody of Minors, Religious Upbringing, Appointment of Guardian, Guardianship of Infants Act 1886
Family Law Guardianship Custody of Minors Religious Upbringing Appointment of Guardian Guardianship of Infants Act 1886

Case Brief

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Parties

Murdoch Murray

Petitioner

James Maclay

Respondent

Procedural Posture

Petition / Final Judgment

Legal Issues

  1. 1 Whether the court should direct a guardian to bring up orphan children in the Roman Catholic faith contrary to the wishes of the mother and the current guardian's practice
  2. 2 Whether the welfare of the children requires removal or direction of the guardian regarding religious upbringing

Ratio Decidendi

The court held that the welfare of the children had been well attended to by the guardian appointed by the mother, who had the statutory right to appoint a guardian. The mother expressed a clear wish for the children to be brought up as Protestants, and the guardian acted accordingly. There was no evidence of misconduct or failure of duty by the guardian, and no sufficient ground to interfere with his discretion or to remove him. The court refused to direct the guardian regarding religious upbringing or to approve a scheme for Catholic education.

Court Disposition

petition refused

Orders

  • Prayer of the petition refused; no direction given to the guardian regarding religious upbringing; guardian remains in office.