The appellant having sued by a mandatory, as being absent from the United Kingdom; Held that the fact of his mandatory’s presence and action for him did not exclude his right to appeal any time within 5 years under ss 25 of the statute.
A deed of strict entail contained a destination to A, and the heirs-male of the marriage between A and the entailer’s daughter, and the heirs-male of their bodies respectively; whom failing, to the heirs-female of the marriage, and co. Held (sustaining judgment of the First Division of Court of Session) that on the succession opening by the death of the eldest son of the marriage without male issue, his only daughter, as heir whatsoever of his body, was entitled to take in preference to the next heir-male of the marriage.
[1873] UKHL 481, 10 SLR 481
Bailii
Scotland
Updated: 11 August 2021; Ref: scu.652916 br>