M'Fadzean Petitioner [1916] ScotLR 155 (09 December 1916)

M'Fadzean Petitioner [1916] ScotLR 155 (09 December 1916)

The Court, exercising its nobile officium, granted authority to the foreign guardian to sell the pupil's heritage in Scotland, finding the sale necessary and expedient for the pupil's interest and confirming the facts and valuation as reasonable.

Citation
[1916] ScotLR 155
Parties
Petitioner: James M'Fadzean; Ward: Robert M'Fadzean
Jurisdiction
Scotland
Judgment Date
09 December 1916
Procedural Posture
Petition / Final Judgment
Outcome
petition granted
Legal Topics
Minor and Pupil, Nobile Officium, Foreign Guardian, Sale of Pupil's Heritage
Family Law Property Law Private International Law Minor and Pupil Nobile Officium Foreign Guardian Sale of Pupil's Heritage

Case Brief

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Parties

James M'Fadzean

Petitioner

Robert M'Fadzean

Ward

Procedural Posture

Petition / Final Judgment

Legal Issues

  1. 1 Whether a foreign guardian may obtain authority to sell a pupil's heritage in Scotland
  2. 2 Whether the sale is necessary and expedient for the pupil's interest

Ratio Decidendi

The Court, exercising its nobile officium, granted authority to the foreign guardian to sell the pupil's heritage in Scotland, finding the sale necessary and expedient for the pupil's interest and confirming the facts and valuation as reasonable.

Court Disposition

petition granted

Orders

  • Authority granted to petitioner to complete title and sell the pupil's heritage in Scotland