Cases Decided in the House of Lords, on Appeal from the Courts of Scotland 1842 [-1850] Volume 1

Cases Decided in the House of Lords, on Appeal from the Courts of Scotland 1842 [-1850] Volume 1

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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. 1843 edition. Excerpt: his own creditors, "before his near relations, naturally more abstinent, could render "their debts effectual; and he might die at an early period, leaving "his affairs in embarrassment, and the other members of the family "exposed to the utmost difficulty, or placed in an impossibility of "recovering their provisions from his estate. However fixed, there"fore, the testator's intention and belief might be, that the provisions "should be paid by his first heir, and that out of the separate funds "conveyed, nothing can be more probable or rational than that he "should not intend to leave his other children to depend absolutely "on that probability, or that he should provide that the obligation "for their provisions should attach to all the heirs of entail succes"sively. The question is, whether he has expressed his intention to "this effect or not. "This depends mainly on the clause on page six of the "general settlement. The clause is preceded by the mention of a "particular provision and a restriction of it. But, notwithstand"ing this, it is plainly substantive and declaratory as to all the pro"visions. It is out of all question for any Court to hold so pointed a "clause pro non scripto. It must receive effect according to the true "meaning expressed in it, as well as the Court can find that mean"ing. And though there may be some confusion in the form of it, "the Lord Ordinary is of opinion that it does explicitly declare the "testator's understanding and intention, that every heir of entail ' accepting of the entailed estate, whether succeeding to any other "property or not, should be bound to satisfy every debt, obligation, ...
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Product details

  • Paperback | 272 pages
  • 189 x 246 x 14mm | 490g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236640195
  • 9781236640192