Edmiston Petitioner

Subject_1 Trust-Settlement Subject_2 Pupil's Maintenance and Education Subject_3 Administrator-in-Law. Facts: In a petition at the instance of a father of three pupil children, an advance from the interest of money belonging to them authorised to be made to him as an individual for their maintenance and education, he, although in embarrassed circumstances, being stated by the trustees in charge of the money as the most proper person to have charge of the children.

Observed ( per Lord Neaves), that, as administrator-in-law, he was a creditor, and could not apply to the equitable jurisdiction of the Court by petition, but must proceed by ordinary action.

The trustees lodged answers, in which they stated that they were advised that the petitioner might be held to be domiciled in England, and that, if so, they were not authorised to continue the payment without the authority of the Court. They stated at the bar that they considered the petitioner the most proper person to have the charge of his children, and to disburse any money that might be advanced for their maintenance and education.

Lord Benholme —I have considerable doubts as to the rights of this father as administrator-in-law. We have no sufficient evidence as to his guardianship in England, and in respect of his domicile, and that of the children, we cannot look on him as a Scotch guardian. But in our position as protectors of all minors we can surely authorise the trustees to draw on this fund for what is necessary for the children, and pay the money to him, as a proper person to have charge of the children, and a trustworthy dispenser of the money.