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. raamatBell & Bradfute, 1884 - 525 pages |
From inside the book
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Page 17
... natural equity holds forth of succession ; ( 2. ) What the Judicial Law ; ( 3. ) What the civil Roman Law ; ( 4. ) What the feudal customs ; and ( 5. ) What our own law and consuetude provide concerning successions , Each of these heads ...
... natural equity holds forth of succession ; ( 2. ) What the Judicial Law ; ( 3. ) What the civil Roman Law ; ( 4. ) What the feudal customs ; and ( 5. ) What our own law and consuetude provide concerning successions , Each of these heads ...
Page 18
... nature of a debt - a debt postponed to creditors , and emerging only on the death of the predeceasing spouse , § 89 . ( z ) See § 118 . ( a ) Now called jus relictæ , § 91 . ( b ) This clause should read thus : If there were no child ...
... nature of a debt - a debt postponed to creditors , and emerging only on the death of the predeceasing spouse , § 89 . ( z ) See § 118 . ( a ) Now called jus relictæ , § 91 . ( b ) This clause should read thus : If there were no child ...
Page 19
... natural , and bairns ' part of gear , ( e ) wherefrom their father cannot exclude them by legacies or other- ways , as by donations , in contemplation of death , or any other gratuitous deed , done on death - bed . ( ƒ ) . . . And ...
... natural , and bairns ' part of gear , ( e ) wherefrom their father cannot exclude them by legacies or other- ways , as by donations , in contemplation of death , or any other gratuitous deed , done on death - bed . ( ƒ ) . . . And ...
Page 21
... natural succession and to the civil law of the Romans , especially their ancient and middle law ; but the succession in heritable rights agreeth more to the recent feudal customs of most nations , whereby primogeniture is established ...
... natural succession and to the civil law of the Romans , especially their ancient and middle law ; but the succession in heritable rights agreeth more to the recent feudal customs of most nations , whereby primogeniture is established ...
Page 22
... natural issue of the vassal , which cannot be changed by a voluntary act of adoption , without consent of the superior in the investiture ; ( e ) neither is adoption in use with us in any case . ( 2. ) These natural heirs must ( 9 ) See ...
... natural issue of the vassal , which cannot be changed by a voluntary act of adoption , without consent of the superior in the investiture ; ( e ) neither is adoption in use with us in any case . ( 2. ) These natural heirs must ( 9 ) See ...
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Common terms and phrases
18 Vict 18th July 44 Vict abolished amount annuity ascendants bastard Bell's Lect Bell's Prin bonds brothers and sisters brothers or sisters child or children claim collate collaterals common law confirmation consanguinean Court Court of Session creditors daughters dead's death deceased deceased's deed defunct degree deponent descendants died domiciled in Scotland dying eldest entitled equally Ersk estate and effects excluding executors executry female grandchildren heir-at-law heirs-portioners heirship moveables heritable estate heritable property heritage husband Inland Revenue inter vivos interest Intestacy Act intestate intestate's issue jus mariti jus relicta lands Law of Scotland legitim liable M'Laren Macp male marriage mother moveable estate moveable property moveable succession next-of-kin one-half One-third payable payment personal estate pounds sterling predeceased primogeniture provision renounced rents representation right of administration Roman Law share Sheriff stirpes succeed supra surviving tailzies terce testamentary thereof uncles United Kingdom vested widow wife wife's younger
Popular passages
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 456 - Where the person or persons entitled to any beneficial interest in such property shall be the brother or sister of the father or mother or a descendant of a brother or sister of the father or mother of the decedent, at the rate of six per centum of the clear value of such interest in such property.
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 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 372 - Real and personal property of every description may be taken, acquired, held, and disposed of by an alien in the same manner in all respects as by a natural-born British subject...
Page 401 - ... of her husband and children, or any of them, shall create a trust in favour of the objects therein named, and the moneys payable under any such policy shall not, so long as any object of the trust remains unperformed, form part of the estate of the insured, or be subject to his or her debts...
Page 389 - ... be acquired by or devolve upon her after marriage, including any wages, earnings, money, and property gained or acquired by her in any employment, trade, or occupation, in which she is engaged, or which she carries on separately from her husband, or by the exercise of any literary, artistic or scientific skill.
Page 404 - Act, 1868, they may now make and enforce against a husband for the maintenance of his wife if she becomes chargeable to any union or parish. Where in Ireland relief is given under the provisions of the Acts relating to the relief of the destitute poor to the husband of any woman having separate property, the cost price of such relief is hereby declared to be a loan from the guardians of the union in which the same shall be given, and shall be recoverable from such woman as if she were a feme sole...
Page 358 - In every case of a judicial separation the wife shall, whilst so separated, be considered as a feme sole for the purposes of contract, and wrongs and injuries, and suing and being sued in any civil proceeding...