Representation – A disposition is made by a person to one of his daughters, and the heirs of her body, whom failing to-, his heirs and assignees: upon this disposition the daughter is infeft, and dying without issue, her sister is served tanquam legitima et propinquior haeres to the father and her: it is found that the service ought to have been as heir of provision.
Curtesy – An heiress’s infeftment, reduced after her death for informality, but not quarrelled in her lifetime, is sufficient to support the curtesy.
[1718] UKHL Robertson – 192, (1718) Robertson 192
Bailii
Scotland
Trusts
Updated: 04 January 2022; Ref: scu.553506