The Revised Reports
Format: Paperback
ISBN13: 9780217104654
Paperback|9780217104654
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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: It appears to me, therefore, that the Judges were perfectly right Trotter in directing the opinion to be taken of English lawyers of Trotter. eminence, with respect to the import and construction of this will according to the law of England. The main question that was ultimately put to the learned persons to whom I have referred is this, ?Whether on the supposition of the question having arisen for trial in England, the heir would have been put to his election if he had claimed money secured by heritable bond in Scotland, as well as his share of the personal estate under the will. The answer is in these terms, ?Considering heritable bonds in Scotland as real 507 ] estates, to which the heir-at-law is entitled, unless they are conveyed away with due solemnity by his ancestor, we think the heir-at-law would be entitled in this case to claim them, without being put to his election, if the question had arisen in a court of justice in England. When that opinion was communicated to the Court in Scotland, the Court immediately affirming that opinion, decided in favour of the heir-at-law. The heir-at-law was undoubtedly entitled to take the real estate, ?that is, the heritable bond; and the sole question was, whether, when he came in to claim under the will his proportion of the personal estate, it was required by law that he should be put to his election, that is, whether he should take the one or the other; whether he should allow the real estate to be connected with the personal, so as to form one mass of the property, and the whole divided, or should take the real estate, and give up the personal estate ? Whether he was obliged or not to do this, depended entirely on this consideration, whether upon the face of the will there was sufficient to manifest a clear intention that.
| ISBN-13 | 9780217104654 |
|---|---|
| ISBN-10 | 0217104657 |
| Weight | 1.73 Pounds |
| Dimensions | 9.00 x 6.00 x 1.20 In |
| List Price | $22.40 |
| Format | Paperback |
|---|---|
| Pages | 540 pages |
| Publisher | |
| Published On | 2009-08-01 |
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