The provisions of the Act would be capable of being defeated if it had remained possible to tie up lands in perpetuity by the creation of a series of liferents. This would soon supersede all other methods of doing so if it were competent. Judges: Lord Mackenzie Citations: (1846) 8 D 863 Statutes: Entail Amendment … Continue reading Erskine v Wright: 1846
The applicant sought a declaration that he was the owner of land by virtue of the 1848 Act, claiming that a series of grants of liferent were ineffective to restrict the title transferred. Held: Miller’s Trustees was to be applied in to the first codicil. The only alteration which it made to the provisions of … Continue reading Earl of Balfour v Keeper of the Registers of Scotland and Others: HL 6 Nov 2002
Section 47 applied to any trust deed dated after 1 August 1848. Judges: Lord Blackburn Citations: 1929 SC 394 Statutes: Entail Amendment (Scotland) Act 1848 47 Cited by: Cited – Earl of Balfour v Keeper of the Registers of Scotland and Others HL 6-Nov-2002 The applicant sought a declaration that he was the owner of … Continue reading Middleton, Petitioner: 1929
The date of the deed must be taken to be the date when the trust deed was made and executed, which is the literal meaning of the words used Judges: Lord President Inglis Citations: (1874) 1 R 462 Statutes: Entail Amendment (Scotland) Act 1848 47 Jurisdiction: Scotland Cited by: Cited – Earl of Balfour v … Continue reading G W H Riddell, Petitioner: IHCS 1874
The date of a mortis causa trust disposition and settlement for the purposes of section 48 of the 1848 Act was the date of the truster’s death and not the date of its execution. Citations: 1915 1 SLT 34 Statutes: Entail Amendment (Scotland) Act 1848 47 Cited by: Cited – Earl of Balfour v Keeper … Continue reading Murray v Murray’s Tutor: 1915
A trust disposition which had confined the pursuer to a liferent for as long as the trustees exercised the discretion which they had been given to retain the capital was struck at by section 48 of the Act. Judges: Lord Low Citations: (1900) 8 SLT 28 Statutes: Entail Amendment (Scotland) Act 1848 47 Jurisdiction: Scotland … Continue reading Davie v Davies’ Trustees: OHCS 1900
