A bond for £500 in favour of A. B., created by the £20 0 0 Form No. VII. This form is used for the payment of all instalments of duty after the first, or after the first and other instalments paid on Form No. VI. It is in these terms: FORM NO. VII. ANNUITY.-INLAND REVENUE.- -Second and Subsequent Instalments of Succession Duty on Real Property." * This form is for property chargeable under the Succession Duty Act. A separate form is supplied for property chargeable under the Legacy Duty Acts. Here state the title, whether under settlement by survivorship, or in any other manner, and if under a deed or document, the date thereof, and the names of the parties thereto. Here state whether trustee, &c., or successor. STATUTES. (ANNOTATED.) I. ACT 1617, c. 14: Anent Executors. (a) OUR Soveraigne Lord, understanding that a great number of ignorant people, the time of their sicknesse and disease, or otherwise at the making of their testaments and latter wills, do nominate certain strangers to be their executors, meaning only to commit the care of their goods and diligent ingetting thereof to the saids strangers, and that to the behoof of their children, or other persons who are nearest-of-kin: Whereas, by the contrary, the said office of executry, by the interpretation now observed, doth carry with it the whole profit and commoditie of the defunct's part of the goods contained in testament; which His Majesty findes to be altogether against law, conscience, and equity: Therefore His Majesty, with advice and consent of the Estates of Parliament, finds and declares that all executors already nominate in any testament not as yet confirmed, or to be nominate in any testament to be made hereafter, are, and shall be obliged to make count, reckoning, and payment of the whole goods and geare appertaining to the defunct, and intrometted with by them, to the wife, children, and nearest-of-kin, according to the division observed by the laws of this realm; reserving onely to the said executors the third of the defunct's part (b), all debts being first paid and deduced, without prejudice alwayes to the saids executors of whatsoever legacies left to them by the saids defuncts, which shall no wayes be prejudged by this present Act: But the said executors shall have full right to their saids legacies, albeit the same exceed the said third of the defunct's part, and, in case the saids legacies exceed the (a) See the two prior Scotch Acts relating to the distribution of personal estate, printed on page 12 supra. (b) This provision of the Act was held not to be in desuetude in the year 1852, in the case Grant v. Murray, 28th June, 1852, 24 Jur. 561 (H. of L.); but in 1855 the executor's claim was repealed by the 18 Vict. c. 23, § 8 infra. whole third part, the saids executors shall have right to the whole legacie, and no part of the third; with this express declaration, That where legacies are left to the executors, they shall not fall both the saids legacies and a third by this present Act, but the saids legacies shall be imputed and allowed to them in part of payment of their third. II. ACT 1661, c. 24: Act concerning Appearand Heirs(c), their Payment of their Predecessor's and their own Debts. OUR Soveraign Lord, with advice and consent of the Estates of Parliament, taking into consideration that appearand heirs, immediately after their predecessor's death, do frequently dispone their estate, in whole or in part, in prejudice of their predecessor's lawful creditors, before their death come to their knowledge, or before they can do lawful diligence against the saids appearand heirs; and which dispositions the saids appearand heirs do often make before they be served heirs(d), and infeft, or otherwayes, by collusion they suffer their predecessor's estates to be comprised or adjudged from them for payment of their own proper debts, real or simulate, without respect to their predecessor's creditors; and His Majesty, considering how just it is that every man's own estate should be first liable to his own debt before the debts contracted by the appearand heirs: Therefore His Majesty, with consent forsaid, declares, That the creditors of the defunct shall be preferred to the creditors of the appearand heir in time coming as to the defunct's estate: Providing always that the defunct's creditors do diligence against the appearand heir, and the real estate belonging to the defunct, within the space of three years after the defunct's death. And because it were most unreasonable that the appearand heir, when he is served and retoured heir and infeft respective, should, for the full space of three years(e), be bound up from making rights and alienations of his predecessor's estate; and yet, it being as unreasonable that he should dispone thereupon immediately or shortly after his predecessor's death, in prejudice of (c) The person who occupies the position of nearest heir when a succession opens by death is called an apparent heir.-Ersk. 3, 8, 54. See also § 242 supra. (d) A personal right to heritable estate now vests in the heir without service.37 & 38 Vict. c. 94, § 9 infra. (e) See Professor Bell's observations on this branch of the Act in 1 Com. 664; also M'Laren, §§ 2269-2272. his predecessor's creditors, he having year and day(ƒ) to advise whether he will enter heir or not: Therefore it is hereby declared, That no right or disposition made by the said appearand heir, in so far as may prejudge his predecessor's creditors, shall be valid unless it be made and granted a full year after the defunct's death.(g) III.—ACT 1672, c. 13, titled: Act for the Ann due to the Executors of Bishops and Ministers.(h)—[Edinburgh, 23rd of August, 1672.] THE King's Majesty, judging it necessary for the good of the Church that such a stared and equal course be taken for clearing and securing the ann due to the executors of deceast bishops, beneficed persons, and stipendiary ministers as may be suitable to the interest of the executors, and no discouragement or hindrance to the planting of the vacand benefices: Doth therefore, with advice and consent of his Estates of Parliament, statute and ordain, That, in all cases hereafter, the ann shall be an half-year's rent of the benefice or stipend over and above what is due to the defunct for his incumbency, which is now settled to be thus-viz., if the incumbent survive Whitsunday, there shall belong to them for their incumbency the half of that year's stipend or benefice, and for the ann the other half; and if the incumbent survive Michaelmas, he shall have right to that whole year's rent for his incumbency, and for his ann shall have half-year's rent of the following year; and that the executors shall have right hereto without necessity or expenses of confirmation. IV.—ACT 1681, c. 10: Act concerning Wives' Terces.(i) OUR Soveraigne Lord, considering that sometimes through the ignorance and inadvertencie of some writters and nottars clauses are insert in contracts of marriage containing provisions by husbands in favours of their wives, without mentioning the terce that is due to (f) The term of deliberation was cut down to six months by 21 & 22 Vict. c. 76, $ 27. (g) As to the rights and responsibilities of apparent heirs see §§ 267-270 supra. (h) See observations on the history of this Act by the Lord President (Inglis) in Latta, 30th Nov. 1877, 5 R. 266. It was held in this case that this Act was not affected by the Apportionment Act of 1870 infra. (i) See §§ 261-263 supra. |