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

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Bell & Bradfute, 1884 - 525 σελίδες
 

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Περιεχόμενα

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
g 17 Lord Stair the First Chief Legal Teacher h 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 24 Heirship Moveables
23
Heirs of Conquest 26 HeirsPortioners
24
Kinds of Heirs
25
Collaterals
26
Right of Representation
30
3
33
Estimate of Lord Erskines Institutes
39
Heirship Moveables
40
Heir of Conquest
41
Succession of Ascendants
42
Succession of Collaterals
43
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
The Rules in Moveables 34 Jus Rdidce 35 Deads Part
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
Collation
54
Who can make a TestamentJus RelicUeLegitim
55
Legitim to whom due
56
Deads Part
57
Division where one leaves a Widow and Children 59 Where the Wife has renounced her Jus Relictm 60 Division where Wife predeceases 61 What D...
58
Descent and Consanguinity
59
Succession in Land 70 Succession in Heritage
60
Succession in Conquest
62
Succession in Moveables
63
Doctrines bearing Relation both to Heritable and Moveable Succession 1 Heirship Moveables 2 Collation
64
The Changes Effected by Legislation during Present Century 74 General View
66
INTESTATE SUCCESSION IN MOVEABLE ESTATE IN SCOTLANDDEFINITIONS AND GENERAL RULES 75 Meaning of Succession
69
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 01
91
Jus JRelictce
104
When Jus Rdicta Vests
105
How Jus Rdictct Discharged
106
How Jus Retidc e 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 between Heirs and Personal Representatives US 121 Subjects of Collation
119
Estimate of Lord Banktons Institutes 38 Roles in Banktons Institutes with NotesSpecial Rules in Heritable and Moveable Successions
120
Representation or Succession per Capita and per Stirpes
124
Bastardy
126
section rxox 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 100
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
Return of Inventory Duty on account of Debts paid
180
Official Regulations as to return of Inventory Duty
181
SECT1ON PAGE
182
Form of Affidavit for Return of Duty
184
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
Discharge of Executor
216
INTESTATE SUCCESSION IN PERSONAL ESTATE IN ENGLAND 209 Real and Personal Estates
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
The Sealing in England of a Scotch Confirmation
234
INTESTATE SUCCESSION IN HERITABLE PROPERTY IN SCOTLAND 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 ia 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
Service of an Heir
258
Procedure in expeding a General Service 202
265
Investment by Clare Constat 207
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 311
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
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 Executry and Moveables
337
Probate Act 1858
356
tion to the Wills and Domicile of British Subjects dying
368
and Children of Intestates in Scotland where the Personal
380
regarding Property of Married Women in Scotland
392
repeals certain duties and grants other duties
438
Inventories
489
Act of Sederunt to secure payment of Legacy and Succes
503

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Σελίδα 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.
Σελίδα 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
Σελίδα 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.
Σελίδα 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...
Σελίδα 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...
Σελίδα 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...
Σελίδα 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...
Σελίδα 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...
Σελίδα 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...
Σελίδα 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,...

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