Tailzie. – Clause.- Found that a clause providing ‘that in case any heir of entail should succeed to a certain other estate, he and the heirs male of his body so succeeding, should be obliged to denude in favour of the next heir;’ and that the estate in that event should be redeemable ‘from the said heirs male who shall succeed to both the said estates, and his heir male foresaid,’-has not the effect of excluding all the heirs male of the body of the person so succeeding (so as to make room for the next branch,) but only his eldest son, or heir apparent; and the succession opens to the second son.
Citations:
[1742] UKHL 1 – Paton – 324
Links:
Jurisdiction:
England and Wales
Wills and Probate
Updated: 04 May 2022; Ref: scu.556481