Tailzie. – Condition. – Provision to Heirs and Children.-
A power being given to the heir of entail in possession to burden the lands with provisions to younger children,-how far these provisions are effectual, upon such heir denuding (in virtue of a clause to that effect) in favour of another heir of entail? Found by the Court of Session that such heir of entail was not bound to relieve the lands of the burden. Not determined in the House of Lords.
Found that it was not a fair and proper exercise of the power, whereby the provision was to be effectual only against the heir of entail on whom the estate devolved, and not on the granter and his heirs.
[1745] UKHL 1 – Paton – 381
Bailii
Scotland
Trusts
Updated: 08 January 2022; Ref: scu.557093