In valuing the ‘expectancy or interest’ of the second and third substitute heirs of entail in an entailed estate, under sec. 5 of the Entail Amendment Act 1875- Held (rev. judgment of Second Division of Court of Session) that seeing that the Legislature has laid down no rule for the valuation of such ‘expectancy or interest,’ any facts relating to the probable duration of life of the first substitute heir of entail may be inquired into, and that ailments such as are calculated to shorten life must be relevant to such an issue.
Held (also rev. judgment of Court of Session) that the chances of the second and third heirs of entail succeeding to the estates in fee-simple were elements to be considered in a valuation of their respective ‘expectancies or interests.’
Judges:
Lord Chancellor (Cairns), Lord Hatherley, and Lord Blackburn
Citations:
[1880] UKHL 503, 17 SLR 503
Links:
Jurisdiction:
Scotland
Land
Updated: 14 June 2022; Ref: scu.635631