Morison (Todd's Curator Bonis) Petitioner [1901] ScotLR 39_114 (19 November 1901)

Morison (Todd's Curator Bonis) Petitioner [1901] ScotLR 39_114 (19 November 1901)

A Scottish curator bonis possesses the power to sell the personal estate of his ward in England without first obtaining the authority of the Court, and nothing in section 131(3) of the Lunacy Act 1890 restricts this power. However, due to the practice of English companies requiring a court order, the Court granted the authority sought to avoid administrative delay or impediment.

Citation
[1901] ScotLR 39_114
Parties
Petitioner: James Morison (Todd's Curator Bonis); Ward: John Archibald Todd
Jurisdiction
Scotland
Judgment Date
19 November 1901
Procedural Posture
Petition for Special Powers (curator Bonis) / Final Judgment
Outcome
petition granted
Legal Topics
Powers of Curator Bonis, Transfer of Shares, Cross Border Administration of Estates, Lunacy Act 1890, Judicial Factors (scotland) Act 1889
Mental Health Law Property Law Private International Law Powers of Curator Bonis Transfer of Shares Cross Border Administration of Estates Lunacy Act 1890 Judicial Factors (scotland) Act 1889

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Parties

James Morison (Todd's Curator Bonis)

Petitioner

John Archibald Todd

Ward

Procedural Posture

Petition for Special Powers (curator Bonis) / Final Judgment

Legal Issues

  1. 1 Whether a Scottish curator bonis requires special authority from the Scottish Court to sell shares in English companies held by his ward
  2. 2 Interpretation of section 131(3) of the Lunacy Act 1890 regarding powers of a Scottish curator bonis over English property

Ratio Decidendi

A Scottish curator bonis possesses the power to sell the personal estate of his ward in England without first obtaining the authority of the Court, and nothing in section 131(3) of the Lunacy Act 1890 restricts this power. However, due to the practice of English companies requiring a court order, the Court granted the authority sought to avoid administrative delay or impediment.

Court Disposition

petition granted

Orders

  • Authority granted to the curator bonis to sell and transfer the shares as prayed.
  • Curator entitled to expenses of and incident to the note out of the curatory estate.