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

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Contents

The Rules in Quoniam attachiamenta
12
The Rules in the Burrow Lawes
13
How the Law administered at this period
14
Sir James Balfours Career and Estimate of his Practicks
15
Sir Thomas Craigs Career and Estimate of his Jus Fudale
16
Lord Stair the First Chief Legal Teacher 18 Succession in Moveables and Immoveables
17
The Several Degrees of Succession in Moveables
18
Succession in Heritable Rights 21 Kinds of Heirs in Scotland
21
No place for Adopted or Cognates in Succession
22
Parents Succeed to their Children and exclude their Collaterals
23
Heirship Moveables 25 Heirs of Conquest 26 HeirsPortioners
26
Estimate of Sir George Mackenzies Institutes
27
Kinds of Heirs
28
Collaterals
29
Right of Representation
30
Heirship Moveables
40
Heir of Conquest
41
The Rules in Moveables 34 Jus Relicta
52
Deads Part
55
Collation
65
IntestacyTotal or Partial i
73
Domicile how Acquired
82
Goods in Communion
89
How Jus RelictŠ Discharged
95
When Legitim Vests
102
From what Subjects Legitim Payable
110
Who succeeds to Deads Part
116
Estimate of Lord Banktons Institutes 38 RULES IN BANKTONS INSTITUTES WITH NOTES Special Rules in Heritable and Moveable Successions
120
124 Division of Rents c between Heirs and Executors
124
STEPS TO BE TAKEN ON OCCURRENCE OF A DEATH
156
What Courts may appoint ExecutorsDative
162
How Property in Inventory valued
170
Inventory must be given up on Oath
176
Official Regulations as to return of Inventory Duty
181
Inventories of Personal Estates not exceeding 300
188
Giving up a Corrective Inventory
194
Bond of Caution and Attestation of Cautioner
200
Confirmation by Executors Creditors of Intestate
206
The Powers Inherent in the Office of Executor
212
INTESTATE SUCCESSION IN MOVEABLE ESTATE
216
Executors and Administrators
218
who these are
219
General Rule
226
The Sealing in England of a Scotch Confirmation
234
Kinds of Heirs
240
SECTION PAGB 256 Where the Intestate is survived by no Descendant or Collateral Relative
246
Succession not affected by Tenure
247
Procedure in expeding a General Service
262
Procedure in expeding a Special Service
265
Investment by Clare Constat
267
Subjects which formerly vested at common law
272
INTESTATE SUCCESSION IN REAL ESTATE IN ENGLAND 276 Governing Statutes
273
Fourth Rule
274
Seventh Rule
275
TAXES ON SUCCESSION 286 General View
276
THE LEGACY AND RESIDUE DUTIES 287 The Legacy Duty Acts
277
Application of Legacy Duty Acts
281
Description of Property Liable to Legacy Duty
283
Mode of calculating Duty
285
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 319 Mode of collecting the Duty
318
What persons are accountable for the Duty
320
Interest on Arrears of Duty 324 Exemptions from Duty
322
Duty may be commuted
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
Anent Vitious Intrometters
338
CommissaryCourts under the lastmentioned Act
354
tion to the Wills and Domicile of British Subjects dying
368
21
392
repeals certain duties and grants other duties
438
Form of Oath Debts deducted where Deceased died domiciled
483
Inventories
489
INDEX
505
RULES IN MACKENZIES
507
244
513
Return of Inventory Duty on account of Debts paid
519
213
524

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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 454 - 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 357 - 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 435 - ... 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 370 - 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 399 - ... 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 387 - ... 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 402 - 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 356 - 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...