Summary of the Law of Intestate Succession in Scotland: With a Brief Outline of the Law of Intestate Succession in England; Comprehending Tables Showing, in Parallel Columns, the Modes in which Personal Estate is Divisible Under an Intestacy in Both Kingdoms; as Also an Epitome of the Law in Relation to the Imposition, Collection, and Settlement of the Legacy and Succession Duties, with the Barious Forms Applicable to the Settlement of These Duties, to the Administration of Personal Estates by Executors-dative, and to the Service of Heirs to Heritable Estates, Having Appended the Relative Statutes, Annotated with Reference to the Text, 120. raamat

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Bell & Bradfute, 1884 - 525 pages

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Contents

Collation between Heirs and Personal Representatives
119
Representation or Succession per capita and per Stirpes
125
SECTION PAGE 127 Aliens
127
General view of the Rules in Moveable Estate under Intestacy
128
Order of Succession in Moveable Estate
131
Table showing mode in which Moveable Estate is divisible under an Intestacy according to both English and Scottish Law
135
STEPS TO BE TAKEN ON OCCURRENCE OF A DEATH 131 First thing to be done after Death
156
Vitious Intromitters
157
Circumstances under which ExecutorsDative appointed
159
Who may be ExecutorsDative
160
What Courts may appoint ExecutorsDative
162
The manner in which ExecutorsDative appointed
163
Lodgment of Petition
164
Decerniture on Petition
165
GIVING UP INVENTORY OF THE PERSONAL ESTATE AND OBTAINING CONFIRMATION 149 The Inventory
166
By whom must Inventory be given up
167
How Property in Inventory valued
170
Certain Inventories exempt from Stamp Duty
171
Penalty for neglecting to give up Inventory
172
Form of Inventory of Personal EstateDebts deducted
175
Inventory must be given up on Oath
176
Who may administer Oath
177
Form of Oath Debts deducted where Deceased died domiciled in United Kingdom
179
Return of Inventory Duty on account of Debts paid
180
Form of Affidavit for Return of Duty
184
Duty on Inventories not exceeding 300
191
Form of Oath to Account
197
Rates of Duty
198
Eik to TestamentDative
203
The Granting of Confirmation regulated by situation of Property
209
Death of Executor
215
INTESTATE SUCCESSION IN MOVEABLE ESTATE
216
who these are
219
HalfBlood
220
The Mother and her Relations
221
Domicile
222
Domicile regulates Distribution
223
General Rule
226
Right of a Husband
227
Right of Mother Brothers Sisters c
228
Right of Grandfathers or if they be dead Grandmothers
229
Succession of Males
241
Succession of Issue of Deceased Females
242
The Succession of a Wife where she dies possessed of property in her own right
244
Where the Intestate is survived by Brothers or Sistersconsan guinean only
245
SECTION PAGB 256 Where the Intestate is survived by no Descendant or Collateral Relative
246
Succession not affected by Tenure
247
Table of Succession in heritage
250
Widows Terce
251
From what Subjects Terce due
252
Service of Tercers
253
Husbands Courtesy
254
Vesting of Courtesy
255
Right of Deliberation
256
Where Responsibility not incurred
257
FEUDAL INVESTMENT OF HEIRS 271 Service of an Heir
258
Procedure in expeding a General Service
262
Procedure in expeding a Special Service
265
Investment by Clare Constat
267
Subjects which formerly vested at common law
272
INTESTATE SUCCESSION IN REAL ESTATE IN ENGLAND 276 Governing Statutes
273
Fourth Rule
274
Seventh Rule
275
TAXES ON SUCCESSION 286 General View
276
THE LEGACY AND RESIDUE DUTIES 287 The Legacy Duty Acts
277
Application of Legacy Duty Acts
281
Description of Property Liable to Legacy Duty
283
Mode of calculating Duty
285
Mode of ascertaining Duty on Property not reduced into Money
289
Mode of Collecting Duty
290
Penalties
296
Time for rendering the Residuary Account
310
What deductions are allowed in valuing Successions
318
Anent Vitions Intrometters
338
Proceedings before Commissaries and the Fees of Clerks
354
tion to the Wills and Domicile of British Subjects dying
368
Estate is of small value
380
repeals certain duties and grants other duties
438
Inventories
489
INDEX
505
RULES IN MACKENZIES
507
335
520

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Page 274 - The lineal descendants, in infinitum, of any person deceased shall represent their ancestor ; that is, shall stand in the same place as the person himself would have done had he been living.
Page 313 - Act, to any other person, in possession or expectancy, shall be deemed to have conferred or to confer on the person entitled by reason of any such disposition or devolution a
Page 359 - ... had not been decreed, in respect of any debts, contracts, or acts of the wife incurred, entered into, or done between the times of the sentence of separation and of the reversal thereof.
Page 399 - A married woman shall be capable of entering into and rendering herself liable in respect of and to the extent of her separate property on any contract, and of suing and being sued, either in contract or in tort, or otherwise, in all respects as if she were a feme sole...
Page 359 - The court may, if it shall think fit, on any such decree, order that the husband shall to the satisfaction of the court secure to the wife such gross sum of money, or such annual sum of money for any term not exceeding her own life, as, having regard to her fortune (if any), to the ability of the husband and to the conduct of the parties...
Page 403 - ... funds, or shares of either party are standing, may apply by summons or otherwise in a summary way to any judge of the High Court of Justice...
Page 313 - ... and every devolution by law of any beneficial interest in property, or the income thereof, upon the death of any person dying after the...
Page 437 - ... and in any such action the defendant may plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon...
Page 376 - ... of dividend, bonus, or otherwise out of the revenue of trading or other public companies, divisible between all or any of the members of such respective companies, whether such payments shall be usually made or declared at any fixed times or otherwise ; and all such divisible revenue shall, for the purposes of this Act, be deemed to have accrued by equal daily increment during and within the period for or in respect of which the payment of the same revenue shall be declared or expressed to be...
Page 400 - Act shall be allotted to or placed, registered, or transferred in or into or made to stand in the sole name of any married woman shall be deemed, unless and until the contrary be shown, to be her separate property, in respect of which so far as any liability may be incident thereto her separate estate shall alone be liable, whether the same shall be so expressed in the document whereby her title to the same is created or certified, or in the books or register wherein her title is entered or recorded,...