John Falconer Esq and Others, Creditors of Thomas Craig, Late of Riccarton, Esq Deceased v John Mushet and Others, Creditors of Robert Craig of Riccarton: HL 3 Jul 1714

Tailzie.- It being found that, in respect an entail, with prohibitory clauses, contained no irritancy of the right of the contravener, the debts of the heir in possession did equally affect the estate with the debts of his predecessors; the judgment is reversed.
An entail executed prior to the act 1685 sustained, though objection made that it was not registered in terms of that act.
Construction.- The Court of Session having found that the irritancy of the contravener’s right in the entail of Riccarton did only respect the heirs female, and not the heirs male; their judgment is reversed.

[1714] UKHL Robertson – 110, (1714) Robertson 110


Updated: 04 January 2022; Ref: scu.553475