Entail – Prohibition against Contracting Debts. –
An entail was executed of an estate, with prohibitory, irritant, and resolutive clauses, directed against the contraction of debt, or burdening the estate, or selling or alienating the same. A subsequent heir of entail having contracted debt, a succeeding heir of entail applied to the Court, for liberty to sell part of the estate for payment thereof: Held, that by the conception of the entail, the pursuer could not sell for the payment of debts. Affirmed in the House of Lords, on the special ground, that the debts were contracted since the death of the entailer, contrary to his intention.
[1770] UKHL 3 – Paton – 654, (1770) 3 Paton 654
Bailii
Scotland
Land
Updated: 13 January 2022; Ref: scu.561661