After a party was attainted for high treason, two sons were born to him abroad. And the forfeiture of his estate was declared to endure during the lifetime of the attainted person and his issue male. A claim was lodged by a substitute heir of entail, after the death of the attainted person, but while his sons were still alive, for possession of the estate, on the ground that as the attainted person was now dead, and his sons aliens, and so incapable of succeeding, he was entitled to the estate. Held on a question of law raised by the judges in England, that as the sons were aliens, and so incapable of succeeding, the interest of the Crown had determined-reversing the judgment of the Court of Session.
Citations:
[1754] UKHL 1 – Paton – 558
Links:
Jurisdiction:
England and Wales
Land
Updated: 04 May 2022; Ref: scu.558218