Major Forbes of Pitrichie, Esq v Andrew Skene of Dyce, and Others: HL 25 Jan 1757

Entail. – Heir Female. – Passive Representation.-
1. An entail conceived to heirs male, whom failing, to the entailer’s daughters by name, and the heirs male of their body. Held that a son of one of these daughters was not an heir female, but an heir male in virtue of the destination. 2. There being no annulling clause in the entail, held that the debts contracted by a previous heir affected the succeeding heir under the passive titles.
[1757] UKHL 1 – Paton – 628
Bailii
Scotland

Updated: 20 July 2021; Ref: scu.558235