Succession – Revocation Held (aff. judgment of the Court of Session) that a mortis causa conveyance of heritage executed by a person who died prior to the Titles to Land Consolidation Act 1868 (31 and 32 Vict. cap. 101) was invalid in respect that the word ‘dispone’ was not used.
Held (rev. judgment of the Court of Session) that a revocable deed conveying the granter’s whole estate, heritable and moveable, was not revoked by a subsequent deed by necessary implication, the new deed containing no express revocation, and owing to the omission of the word ‘dispone’ being found ineffectual as a conveyance of heritage, while the former deed was effectual in all respects.
Judges:
Lord Chancellor Cairns, Lords Chelmsford, Hatherley, and Selborne
Citations:
[1874] UKHL 717, 11 SLR 717
Links:
Jurisdiction:
Scotland
Land
Updated: 20 November 2022; Ref: scu.650218