Fiar – An estate being settled by an heiress to her husband and herself in conjunct fee and life-rent and the heirs to be procreated between them in fee, whom failing to the husband, his nearest lawful heirs and assignees; the husband was fiar.
Donatio non praesumitur – The fee taken up by a daughter as heir to her father, where a disposition had been made to a Ion (dceased), upon which infeftment had followed, but never cloathed with possession nor recorded.
Adjudication – A charge being given to a son to enter heir to his uncle and mother, and adjudication being led thereon; but the father being afterwards found to be fiar, the first adjudication is reduced.
The said son refusing to subject himself to his father’s debts, has no title to quarrel the adjudication led of his father’s fee.
[1714] UKHL Robertson – 99, (1714) Robertson 99
Bailii
Scotland
Wills and Probate
Updated: 04 January 2022; Ref: scu.553471
