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, Book 120

Front Cover
Bell & Bradfute, 1884 - Inheritance and succession - 525 pages
 

Contents

Succession of Collaterals
37
Heir of Conquest
41
Order of Succession of Ascendants in Heritage
44
Consequences from Rules of Succession in Heritage
45
Right of Representation in Heritage
46
Succession in Capita and in Stirpes
47
Deads Part
48
Heirs of Conquest
49
Succession to Conquest among Females
50
Heirship Moveables
51
What included under Heirship Moveables
52
Rules of Moveable Succession
53
Heir in Heritage has no share in MoveablesCollation
54
Who can make a TestamentJus RelictaLegitim
55
Legitim to whom due
56
Deads Part
57
Division where one leaves a Widow and Children
58
Where the Wife has renounced her Jus Relicto
59
Division where Wife predeceases
60
What Debts affect Executry and what Deads Part
61
Legitim not due to Children forisfamiliated
62
Collation among the Younger Children
63
In what Cases Collation Excluded
64
Crown succeeds to Bastards
65
Crown excluded if Bastards leave Issue
66
Legitimation of Bastards
67
Descent and Consanguinity
68
Succession in Land
69
Succession in Heritage
70
Succession in Conquest
71
Succession in Moveables
72
Doctrines bearing Relation both to Heritable and Moveable Succession
73
Domicile Governs Law of Distribution
74
Domicile how Acquired
75
what it consists of
77
Heirship Moveables
82
Who are termed NextofKin
84
Who are Full Blood Relations
86
Who are Maternal Relations
87
Jus Mariti and Right of Administration of Husbands
91
Jus Relicta
104
When Jus Relicta Vests
105
How Jus Relicta Discharged
106
How Jus Relicte Satisfied
107
Legitim out of Fathers Estate
108
To whom Legitim Payable
109
How Legitim Excluded or Diminished
110
How Legitim Discharged
111
Effect of Discharge of Legitim during Fathers Life
112
Election between Legitim and Provisions
114
Deads Part
115
Who succeeds to Deads Part
116
Vesting of Deads Part
117
Collation
118
Collation
119
Division of Rents c between Heirs and Executors
120
Representation or Succession per Capita and per Stirpes
124
Bastardy
126
PAGE
131
The Subjects of an Executors Administration
137
Lodgment of Petition
143
RULES IN BANKTONS INSTITUTES WITH NOTES Special Rules
144
43
146
54
148
59
150
64
152
65
154
Form of Oath to Additional Inventory
193
Giving up a Corrective Inventory
194
What Property must be given up in an Account
195
Form of Account
196
Form of Oath to Account
197
Rates of Duty on Account
198
Act of Caution
199
Bond of Caution and Attestation of Cautioner
200
Suggestive Form of Newspaper Advertisement
201
Form of TestamentDative
202
Eik to TestamentDative
203
Where Property partly in England or Ireland
204
Confirmation quoad omissa et male appreciata
205
Confirmation by Executors Creditors of Intestate
206
Procedure where Creditor holds a Liquid Document of Debt
207
Conjunction of Creditors in Executorship
208
The Granting of Confirmation regulated by situation of Property
209
Duties of an Executor
210
The Powers Inherent in the Office of Executor
212
Personal Liability of Executors
213
Death of Executor
215
INTESTATE SUCCESSION IN MOVEABLE ESTATE
216
SCOTLANDDEFINITIONS AND GENERAL RULES
217
Executors and Administrators
218
Executor de son tort
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
Right of Ascendants and Collaterals in the Third Degree c
230
Right of NextofKin in whatever degree they may be found
231
The Sealing in England of a Scotch Confirmation
234
General View
236
what Term comprises
237
Conquest Heritage
238
Heirship Moveables
239
Meaning of Succession 76 Meaning of Heritable and Moveable Property 77 Meaning of Testate and Intestate Succession 78 Who may Execute a Vali...
240
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
Where the Intestate is survived by no Descendant or Collateral
246
From what Subjects Terce due
252
FEUDAL INVESTMENT OF HEIRS
258
Procedure in expeding a Special Service
265
Subjects which formerly vested at common law
272
Application of Legacy Duty Acts
281
Mode of ascertaining Duty on Property not reduced into Money
289
Repayment of overpaid Duty
295
Residuary Account
301
Time for rendering the Residuary Account
310
What deductions are allowed in valuing Successions
318
69
323
STATUTES
333
Probate Act 1858
356
tion to the Wills and Domicile of British Subjects dying
368
regarding Property of Married Women in Scotland
392
438
411
Inventories
489
Act of Sederunt to secure payment of Legacy and Succes
503
384
508
390
518

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Common terms and phrases

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...