Guardian during pupillarity. When appointed by the father, he is called tutor nominate. When none has been appointed by the father, the nearest male relative on the father's side is entitled to the custody of the pupil's estate, and is called the tutor at law, while the nearest relative through the mother receives the custody of the pupil's person. A tutor dative is named by the sovereign where no tutor at law has applied for the office. A tutor has full control over the pupil's property, except that he cannot sell his real estate. But his accounts must be submitted to a public officer appointed to audit them, and he is subject to the control of the Court of Session.

Source: Kinnear, Digest of House of Lords cases (1865), pg. 366.