Alien – Proof.-
A person, a natural born subject of England, had issue born abroad before the 7 Anne (Naturalization act), out of the ligeance of the King. This son had issue, Count Anthony Leslie, also born out of the ligeance of the King; Question of law submitted to the whole judges of England: Whether Anthony was capable of inheriting land estates in Scotland? Held unanimously, on full consideration of the statutes, that Anthony Count Leslie, was to be deemed an alien, and not capable to inherit such estate-That the statutes extended only to the children of a natural born subject of the first degree, and not to the grandchildren, and Anthony’s father not being a natural born subject of England, but an alien born abroad, before the passing of the 7 Anne, he could take no benefit.-Proof rejected in consequence of diet not being regularly intimated in terms of commission issued.
(1763) 2 Paton 68, [1763] UKHL 2 – Paton – 68
Bailii
Scotland
Administrative, Wills and Probate
Updated: 11 January 2022; Ref: scu.560592