Earl of Moray, (Petitioner): HL 1950

The testamentary writings consisted of a trust disposition and five codicils. The petitioner was born after the date of the first codicil, but before the date of the fifth and final codicil. The argument was directed to the question whether the relevant date was the date of the first codicil. But an examination of the terms of the fifth codicil, which is in the Session Papers, has shown that it dealt only with the distribution of various pictures and other items of moveable property and that it did not alter or affect in any way the provisions by virtue of which the petitioner was in possession of the lands of which he was seeking to be the fee simple proprietor.
Held: Section 47 of the 1848 Act applied to any estate which was heritable property at the date when the petition was presented.

Judges:

Lord Mackintosh

Citations:

1950 SC (HL) 281

Jurisdiction:

Scotland

Cited by:

CitedEarl of Balfour v Keeper of the Registers of Scotland and Others HL 6-Nov-2002
The applicant sought a declaration that he was the owner of land by virtue of the 1848 Act, claiming that a series of grants of liferent were ineffective to restrict the title transferred.
Held: Miller’s Trustees was to be applied in to the . .
Lists of cited by and citing cases may be incomplete.

Wills and Probate

Updated: 12 May 2022; Ref: scu.186370