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

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

From inside the book

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
Succession of HeirsPortioners
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 56 Legitim to whom due 57 Deads Part PAGE 31 32 33 33 34 35 36 37 38 38 40 41 42 43 43 44 46 ...
55
The Rules in Moveables
56
Where the Wife has renounced her Jus Relicta
59
Division where Wife predeceases
60
What Debts affect Executry and what Deads Part
61
Legitim not due to Children forisfamiliated
62
Deads Part
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
RULES IN BELLS PRIN CIPLES WITH NOTES
95
Jus Relicta
104
When Jus Relicta Vests
105
How Jus Relicta Discharged
106
How Jus Relictę Satisfied
107
Legitim out of Fathers Estate
108
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
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
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
Meaning of Succession 76 Meaning of Heritable and Moveable Property 77 Meaning of Testate and Intestate Succession 78 Who may Execute a Vali...
233
The Sealing in England of a Scotch Confirmation
234
General View
236
what Term comprises
237
Conquest Heritage
238
Heirship Moveables
239
Kinds of Heirs
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
Mode of Collecting Duty
290
By whom Duty must be paid
292
Where Duty is Payable
293
Claims for Duty under a Will may be compounded
294
Repayment of overpaid Duty
295
Discharge of Executor from claim to Duty
296
Annuity Receipt
299
Residuary Account
301
Time for rendering the Residuary Account
310
Object of Act
311
What is Personal Property within the Act
312
What Dispositions and Devolutions of Property confer Succession
313
Rates of Duty
314
Mode of calculating the Duty
315
What deductions are allowed in valuing Successions
318
What persons are accountable for the Duty
320
Interest on Arrears of Duty
322
69
323
Anent Executors
333
Concerning appearand Heirs their payment of their Predecessors and their own Debts
334
Concerning the Ann due to the Executors of Bishops and Ministers
335
Probate Act 1858
356
tion to the Wills and Domicile of British Subjects dying
368
regarding Property of Married Women in Scotland
392
INDEX
505
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 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,...