Papist – Jus tertii – An estate descends to two heirs portioners; the eldest a Papist, by her first marriage, has a son, a Protestant; in a contract on her second marriage she covenants to settle the estate on her husband and the heirs male of that marriage. After her second husband’s death, the eldest son of that marriage, a Papist, grants a disposition of the estate to a third party: no titles had been hitherto made up by this son of the second marriage, nor by his mother; but the disponee now gave them a charge to enter heirs, and thereupon got adjudication. It was not jus tertii to the Protestant heir of the first marriage to object against this disposition.
Papists on whom the succession to heritable subjects devolved before the act 1700, were nevertheless precluded from serving heirs after that act passed without taking the formula.
An onerous purchaser from a Papist could not be in a better situation than the Papist himself.
A person popishly educated, who never took the formula, held to be a Papist.
An objection that a question was not moved of the disponee’s Popery, and that he never was required to take the formula during his life, is repelled.
The act of parliament 3 G. 1. c. 18. did not extend co Papists in Scotland.
[1726] UKHL Robertson – 547, (1726) Robertson 547
Bailii
Scotland
Updated: 05 January 2022; Ref: scu.554225