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

Εξώφυλλο
Bell & Bradfute, 1884 - 525 σελίδες
 

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Περιεχόμενα

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
17
The Several Degrees of Succession in Moveables
18
Succession in Heritable Rights
21
No place for Adopted or Cognates in Succession
22
Parents Succeed to their Children and exclude their Collaterals
23
Heirs of Conquest
24
Estimate of Sir George Mackenzies Institutes
25
Collaterals
26
The Rules in Moveables
27
Collation
28
Rules in Banktons Institutes with Notes Special Rules
38
SB Doctrines bearing Relation both to Heritable and Moveable
64
notion PAOB 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 Relictce
104
When Jus Belietce Vests
105
How Jus ReUctoe Discharged
106
How Jus Relictce 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
118
Subjects of Collation
119
in Heritable and Moveable Successions 29
120
Representation or Succession per Capita and per Stirpes
124
Bastardy
126
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
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
166
167 167 167 170 170 170 171 171 172 172 175 176 177 177 179 180 149 The Inventory 150 By whom must Inventory be given up 151 Within ...
167
How Property in Inventory valued 155 What Debts may be deducted from Inventory 156 Abstract of the Rates of Inventory Duty
170
Certain Inventories exempt from Stamp Duty 158 Modes in which Inventory Duty paid
171
Penalty for neglecting to give up Inventory 160 Form of Inventory of Personal EstateDebts not deducted
172
Form of Inventory of Personal EstateDebts deducted
175
Inventory must be given up on Oath
176
Who may administer Oath
177
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
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
Domicile regulates Distribution
220
The Law under the Statutes
223
General Rule
226
Right of a Husband 224 Right of Descendants 225 Right of a Father
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 the Queen 232 To whom Court will grant Administration 233 The Sealing in England of a Scotch Confirmation PAOI 219 220 221 221 22...
231
Form of Oath Debts not deducted where Deceased died domiciled in Scotland
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
SECTION PAOB
246
From what Subjects Terce due
252
Service of an Heir
258
Procedure in expeding a Special Service
265
Subjects which formerly vested at common law
272
Application of Legacy Duty Acts
281
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
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
Law of Intestate Moveable Succession in Scotland
341
Probate Act 1858
356
tion to the Wills and Domicile of British Subjects dying
368
regarding Property of Married Women in Scotland
392
repeals certain duties and grants other duties
438
Inventories
489
Index
505
Form of Oath Debts deducted where Deceased died domiciled in United Kingdom
512
Return of Inventory Duty on account of Debts paid
519
276
523

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Δημοφιλή αποσπάσματα

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 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.
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 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 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...
Σελίδα 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...
Σελίδα 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.
Σελίδα 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...
Σελίδα 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...

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