Imágenes de páginas

No. XIV.

31 AND 32 VICTORIA, C. 84.

An Act to amend in several particulars the Law of Entail in Scotland.'

[31st July, 1868.]

Liferents of personal


17. From and after the passing of this Act, it shall be competent to estate beyond constitute or reserve, by means of a trust or otherwise, a liferent certain limits interest in moveable and personal estate in Scotland in favour only of a party in life at the date of the deed constituting or reserving such liferent, and where any moveable or personal estate in Scotland shall, by virtue of any deed dated after the passing of this Act (and the date of any testamentary or mortis causa deed shall be taken to be date of the death of the grantor, and the date of any contract of marriage shall be taken to be the date of the dissolution of the marriage), be held in liferent by or for behoof of a party of full age, born after the date of such deed, such moveable or personal estate shall belong absolutely to such party, and where such estate stands invested in the name of any trustees such trustees shall be bound to deliver, make over, or convey such estate to such party: Provided always, that where more persons than one are interested in the moveable or personal estate held by trustees as hereinbefore mentioned, all the expenses connected with the transference of a portion of such estate to any of the beneficiaries in terms of this Act shall be borne by the beneficiary in whose favour the transference is made.

1 Supra, § 146.

2 Supra, p. 99.

[merged small][merged small][merged small][merged small][merged small][ocr errors]

restrained by Thellusson Act, 116, 201

the four periods of the Act alternative not cumulative, 202
accumulation by a beneficiary not struck at, 202


jus mariti can, at common law, be excluded as regards wife's acquirenda,


protection of, under Conjugal Rights Acts, 49, 186

[ocr errors]

M. W. P. A., 1877, 54, 194

M. W. P. A., 1881, as to marriages before the Act,
70, 199

settlement of, under marriage contract, 92

how such an obligation to settle is affected by decree of separation, 185


Printed in Appendix: see Table o Contents, p. viii.

Statuta Alexandri, c. xxii., 42

Roberti, iii., c. xx., 42

1503, c. 77, anent Terces, 173.
1573, c. 55, Divorce, 89

1617, c. 14, anent Executors, 181

1621, c. 18, Preferences, 138, 143

1641, c. 57, Moveable Bonds, 174

1661, c. 32, Moveable Bonds, 14, 73, 173

1672, c. 9, Marriage, 132

1681, c. 10, Terce, 91, 176

Apportionment Act, 1870, 192

Bankruptcy (Scotland) Act, 25, 130, 149

Act for England, 145

Bills of Exchange Act, 76

Bovill's Act, 134, 135


Clyde Navigation Act, 14, 111

Companies' Act, 1862, 59, 80, 111

Companies' Clauses Consolidation (Scotland) Act, 14, 80, 111.

Conjugal Rights Act, 1861, 41, 45, 47, 55, 76, 82

[merged small][ocr errors][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small]

Married Women's Policies of Assurance Act, see This Title.

[ocr errors][merged small][merged small][merged small][merged small][merged small][merged small]

proper diligence for attaching moveable bond rendered heritable, 175


emerges on marriage, 7

entitles husband to income of wife's heritable estate, 7

this now altered, infra

and to manage her heritable estate and separate estate, 15, 16, 21

this practically still subsists, infra

old opinion was that right of administration could not be excluded, 19, 121
afterwards settled that it could be, 20, 121

exclusion effectual in a question with husband's creditors, 21, 121

and both as to acquisita and acquirenda, 21

effect of exclusion of both jus mariti and right of administration is that
wife may deal with her separate estate as if unmarried, 21, 75, 92, 121

[merged small][ocr errors]
[ocr errors]
[ocr errors]

third person, 20

protection order or decree of separation, 48, 49

as to after acquired property, 48, 49, 82, 185

as to property settled on wife under § 16 of Conjugal
Rights Act, 49, 186

as to wages and earnings under M. W. P. A., 1877, 54, 82
and as to investments thereof, 54

[ocr errors][ocr errors][ocr errors]

as to policies under Act of 1880, 62, 82

[ocr errors]

income of heritage under M. W. P. A., 1882, 66, 199

M. W. P. A., 1882, does not otherwise touch rights of administration,
67, 68, 80, 94, 167

which still subsist, 67, 68, 80, 94, 167


required under M. W. P. A., 1881, when spouses come under the Act
by deed, 70, 132, 199, 201


no succession by affinity in Scotland, 37



wife as agent of husband, 57

husband as agent of wife, 56


coming under M. W. P. A. by agreement, 70, 132, 146, 199

notice to be given, 70, 199, 201

agreement as to property acquired by wife during judicial separation, 185


right of, an incident of property, 102

power of, by fiar, cannot be cut off except by entail, 102

of interest of heir of entail, 103

of life interest, 103

grant of life interest until alienation, 119

what is alienation, 123

fraudulent alienation by an insolvent, 137, 138


husband bound to aliment wife after his debts are paid, 8, 141

wife and children have no claim at common law for aliment against hus-

band and father's creditors, 136

but wife now entitled to aliment, etc., out of her property, falling to hus-
band and passing to husband's creditors, 49, 186

wife not bound to aliment indigent husband, 83

personal bond of married woman for aliment to son, invalid, 24
amount of aliment allowed by court out of wife's own property, 50
out of an alimentary provision, 129

[blocks in formation]

no one can set aside his own property for his own alimentary use, 94, 117

or limit his power of alienation, 102

method of constituting an alimentary provision, 103

and of protecting it, 104

cases where protection fails and why, 104

conditions necessary to constitute a provision alimentary, 105
alimentary provisions by one spouse for the other, 117, 120
by one spouse in his or her own favour, 118

[ocr errors]
[ocr errors][merged small]

by strangers, 120, 125

claims of alimentary creditors, 126


in directions to trustees to protect a fund, 107


heritable inter virum et uxorem, 14, 175

being rights having tractus futuri temporis, 175



wife's, limit of husband's liability, 58

court may order inquiry as to property received by husband with wife,
61, 194

liability of wife for shares in companies, 59

[ocr errors][merged small]

husband for shares taken by wife in companies, 59

restraint on, 118


explained, 89



of periodical payments, 192


as affecting sequestration, 123


succession of, in moveables, 180

[ocr errors]

by common law never ascends to the mother and her relations,
38, 180, 181

partially altered by Dunlop's Act, 38, 180, 181

« AnteriorContinuar »