Entail – Jus Tertii. – In the entail of the estate of Westquarter, the question was, Whether James Livingston could sell the estate, under the following destination of the entail, ‘to and in favour of the said Countess, and James, Earl of Findlater, her husband, and longest liver of them two, for the Earl, his liferent use allenarly, and to James Livingston and the heirs male of his body, whom failing, to his heirs male whatsoever?’ James Livingston was, by express clause, prohibited from selling; and in a former appeal it was found he could not sell ( vide ante vol. II., p. 108.) This was a part of the estate which, from the state of the title, it was thought he could sell; and it having been sold, the next heir after his death brought a reduction. Held, that where the title of two parties is derived from one author, neither party can object to the right of the common author.
[1773] UKHL 6 – Paton – 790, (1773) 6 Paton 790
Bailii
Scotland, Trusts
Updated: 13 January 2022; Ref: scu.561822
