M'Fadzean Petitioner

Subject_1 Minor and Pupil Subject_2 Nobile Officium Subject_3 Foreign Subject_4 Foreigner as Guardian Seeking Power to Sell Pupil's Heritage. Facts: A widower, domiciled abroad, acting as the guardian and administrator-in-law of his pupil child, which resided with him, presented a petition for authority to sell heritage in Scotland, in the ownership of which his ward had succeeded its deceased mother. The Court, in the exercise of its nobile officium , granted the petition.

James M'Fadzean, farmer, Langside Farm, Minburn, Alberta, Canada, as guardian and administrator-in-law of his pupil child Robert M'Fadzean, residing with him, petitioner , presented a petition for power to complete title habili modo to certain heritable property in Scotland and for power of sale.

The petitioner argued—A Scottish Court only could order the transference of Scottish heritage, being the forum conveniens . Mere advantage to the pupil would not induce the Court to authorise the alienation of the pupil's heritage, but where the sale could be shown to be necessary the Court would grant such power. In this case the sale was highly expedient, as delay would probably render the subjects worthless. The granting of the petition could in no wise injure the pupil's estate. If need be the money could be consigned.

The hearing having been continued for further information, on 9th December 1916 counsel informed the Court that letters of guardianship and letters of administration by the Canadian Courts had been lodged in process; that the petitioner had been compelled to get two sureties for £2000 in order to obtain these; that he was also the proprietor of his farm.

Counsel for Petitioner— D. R. Scott . Agent— W. Marshall Henderson , S.S.C.