Conveyancing According to the Law of Scotland; Being the Lectures of the Late Allan Menzies

Conveyancing According to the Law of Scotland; Being the Lectures of the Late Allan Menzies

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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. 1857 edition. Excerpt: were directed to be payable in liferent, provided no sister of the testator should appear and claim within five years, and they were held to lapso by the death of the legatee, appointed to receive the liferent, before the end of the five years. Survivance is an implied condition of a legacy. When a legatee dies, therefore, before the testator, the legacy becomes void, because the presumed cause of granting is regard to the legatee himself; l S. 37. Rutherfords v. Tumbull, 30th May 1821. Here property having been bequeathed by a brother to his three sisters, the share of one of them Legatee Must lapsed by her predecease. From this doctrine that a legacy lapses, unless the legatee survives the testator, it follows, that the executors or other representatives of the legatee can have no claim to the legacy, for they can only claim as representing the legatee, but no right transmits to representatives, which was not vested in him whom they represent. Hence it follows, that a legatee cannot assign before F. c. the testator's death, as we have already seen in the case of BedweUs and Yates v. Tod, 2d December 1819; and the same principle is 4 S. 237. shown by the case of Glendinning and Gaunt v. Walker, 30th Novem ber 1825, where, a legatee having died before the term of payment, the legacy became payable to his children, and it was found that his creditors could not claim it, because it had never vested in him, and the children took, not as representing him, but as conditional insti Leoacies, As A tutes. But, if the legatee survive the testator, the legacy vests a Vest TMmort? morte testatoris, and, if not received by him, it goes to his represen teitatoru. tatives, although his heirs may not have been mentioned The rule is the same with respect...
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Product details

  • Paperback | 490 pages
  • 189 x 246 x 25mm | 866g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 123654983X
  • 9781236549839