D. 242. Collonel Fulertoun contra The Laird of Boyne. eod. die.
THE deceast Laird of Towie having named his Relict now Lady Boyne Tutrix to his Daughter; and in case of her Marriage Collonel Fulertoun: The said Collonel pursued the Laird of Boyne for delivery of the said Pupil: It was Alledged, That her Mother and her Husband would entertain the Pupil gratis. It was Answered, That Boyne being her Step Father, and having no other Relation, but that of Vitricus, which in Law is not favoured; his offer to entertain is not Relevant against the Tutor, who has the Trust both of the Pupils person and Estate: And it is to be presumed, that the offer of the Step-Father is upon a design upon the Pupill her Person and Fortune; and that the case had been determined in terminis 4. July 1649. Langshaw contra Mure.
The Lords Repelled the Defence, and Ordained the Pupil to be de∣livered to the Tutor. Strathurd Reporter. Gibson Clerk.