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Alexander Burnet, Charge Des Affaires At The Court of Berlin v Sir Thomas Burnet, Bart: HL 30 Apr 1766

Succession – Adjudications – Destination – Heirs Whatsoever – Confusio.- Adjudications were purchased up by the heir succeeding to an estate specially destined to ‘ heirs male.’ He took the conveyances of these adjudications to himself and his ‘heirs whatsoever.’ Held, that when the estate descended to an heir male, different from the heir of line, or heir whatsoever, that the heirs of line were not entitled to succeed as such, to the adjudications; and that these, as collateral and accessory rights, had accrued to the family estate, and were not now a separated estate, but extinguished confusione in the person of the heir male.

Citations:

[1766] UKHL 2 – Paton – 122, (1766) 2 Paton 122

Links:

Bailii

Jurisdiction:

Scotland

Wills and Probate

Updated: 04 July 2022; Ref: scu.560636

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