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

From inside the book

Contents

The Rules in Moveables
56
Deads Part
63
SECTION PAGE 79 IntestacyTotal or Partial
73
Domicile Governs Law of Distribution
74
Domicile how Acquired
75
what it consists of
77
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 Relicta 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
Subjects of 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
29
144
Collation
154
GIVING UP INVENTORY OF THE PERSONAL ESTATE
166
Penalty for neglecting to give up Inventory
172
SECTION PAGE 167 Official Regulations as to return of Inventory Duty
181
Form of Affidavit for Return of Duty
184
Inventories of Personal Estates not exceeding 300
188
Form of Inventory not exceeding 300 and of Relative Oath
189
Duty on Inventories not exceeding 300
191
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
The Powers Inherent in the Office of Executor
212
Personal Liability of Executors
213
Death of Executor
215
INTESTATE SUCCESSION IN MOVEABLE ESTATE
216
INTESTATE SUCCESSION IN PERSONAL ESTATE IN ENGLAND 209 Real and Personal Estates
217
Executors and Administrators
218
Executor de son tort
219
Domicile regulates Distribution
223
Right of Grandfathers or if they be dead Grandmothers
229
what Term comprises
235
Succession of Females failing Males
241
SECTION PAGE 256 Where the Intestate is survived by no Descendant or Collateral Relative
246
Succession not affected by Tenure
247
Table of Succession in heritage
250
Widows Terce
251
From what Subjects Terce due
252
Service of Tercers
253
Husbands Courtesy
254
Vesting of Courtesy
255
Right of Deliberation
256
Where Responsibility not incurred
257
FEUDAL INVESTMENT OF HEIRS 271 Service of an Heir
258
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
Repayment of overpaid Duty
295
Residuary Account
301
Time for rendering the Residuary Account
307
What Dispositions and Devolutions of Property confer Succession
313
What persons are accountable for the Duty
320
8888
323
STATUTES
333
Discharging the Quoats of Testaments
339
Probate Act 1858
356
tion to the Wills and Domicile of British Subjects dying
368
438
411
Act of Sederunt to secure payment of Legacy and Succes
503
384
508
Form of Oath Debts deducted where Deceased died domiciled
512
Return of Inventory Duty on account of Debts paid
519

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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...