A System of the Forms of Deeds Used in Scotland (Volume 3) - Softcover

Inhaltsangabe

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1813. Excerpt: ... CHAP. m. Qf The Deeds Regulating The Total Succession Of The Grantor. In regulating a perfon's total fucceffion, there was, at one time, a doubt how far a teftamentary deed could confiftently be united with the conveyance of a landed eftate, which, from its nature, muft be in the form of a deed inter vivos: But it has been long perfectly underftood, that there is nothing in this union which can affect the conveyance of heritage, provided the proper terms of conveyance be ufed. In arranging the deeds of this Chapter, the principal diftin&ion will be made betwixt direct conveyances and conveyances in truft. Direct conveyances will have a fubdivifion into General and Special conveyances: And, in treating of the Truft Settlement, it will be proper to fliow in what manner the object of the deed is attained. SECT, SECT. I. OF THE DIRECT CONVEYANCE TO AN HEIR. This Section, as I have already obferved, naturally divides into the General and Special Conveyance. The former is the deed which has fupplanted the teftament, by carrying every thing to the heir of the grantor which belongs to the grantor, not only at the date of the difpofition, but at the time of his death. The advantage which it poffeffes over the teftament, confifts in its conveying heritage as well as moveables, and in admitting of an inventory of bills and bonds, made at any time by the grantor, to be united with it; by which the articles in the inventory are conveyed to the difponee, by which he porTefles an activp title in them, without the neceflity of a confirmation, or of any other form of conveyance. But the general difpofition lyes under this difadvantage, that where there are heritable fubjects, the heir of the grantor muft concur before the general difponee can acquire a feudal title; or ma...

Die Inhaltsangabe kann sich auf eine andere Ausgabe dieses Titels beziehen.