In a deed of entail there was inserted after the cardinal prohibitions the following resolutive clause:-In case the heirs ‘shall contravene the before written conditions, provisions, restrictions, and limitations herein contained, or any of them, that is, shall fail or neglect to obey or perform the said other conditions and provisions, and each of them, or shall act contrary to the said other restrictions to be hereinafter added and appointed by me, excepting as is before excepted therein, in any of those cases that person or persons so contravening shall for him or herself only ipso facto amit, forfeit, and lose all right, title,’ andc.
Held (aff. judgment of Court of Session) that the clause must be construed as having reference to restrictions and limitations before written as well as to those after written, and deed of entail sustained as valid and effectual.
Judges:
Lord Chancellor Cairns, Lords Hatherley, Selborne, and O’Hagan
Citations:
[1875] UKHL 409, 12 SLR 409
Links:
Jurisdiction:
Scotland
Land
Updated: 19 November 2022; Ref: scu.650102