Liferent Escheat – An act of parliament, at the time of the rebellion 1715, having ordained persons summoned by the crown to appear before the Court of Justiciary, and find caution for their good behaviour under the pain of life-rent escheat, andc.; and the life-rent escheat of a person neglecting to appear, being adjudged and granted to a donatory; though there was no previous declarator, the rents are ordered to be paid to the donatory; but the creditor who were real at the time of the falling of the escheat are ordered to be charged on the estate in due course of law.
Construction of the acts of parliament 1 G. 1. c. 20. and 50. and 4 G. 1. c. 8. The act 1 G. l. c. 50. having enacted that all persons who should be attainted of high treason, before the 24th of June 1718, should forfeit all estates which they were in possession of on the 24th of June 1715, or afterwards, to his majesty; and declared that every grant of such estate, or any part thereof made by his majesty, should be void: Under the prior act 1 G. 1. c. 20. a person’s life-rent escheat being adjudged on the 13th of October 1715, is gifted away by the crown; he was afterwards attainted of high treason before the 24th of June 1718; but the gift of escheat is found to subsist, notwithstanding the provisos of the last mentioned act.
The vesting act 4 G. 1. c. 8. having declared the judgments of any court, relative to any claim out of a forfeited estate made since 24th June 1715, to be void; but containing a proviso in favour of the gift of escheat before-mentioned, the judgment given in this case was not voided by said act.
[1719] UKHL Robertson – 241, (1719) Robertson 241
Bailii
Scotland
Updated: 31 July 2021; Ref: scu.553534