Tailzie. – Forfeiture. – Act 7 Annae, c. 21.-
An entail prohibiting, under strict irritant and resolutive clauses, ‘any deed civil or criminal, or even treasonable, whereby the estate may be in any way evicted, forfeited,’ and co.; and it being declared that any such deed ‘should only irritate the right of the committer thereof, but should in no ways affect the right of the next heir, albeit descending of the contravener’s body,-Found, that by the attainder of the heir in possession, the estate was forfeited to the crown, not only during his own life, but so long as there should survive any issue of his body who would have been entitled to succeed under the entail, had there been no attainder; and further, that whatever interest might eventually arise to the attainted person under the substitution to ‘the heirs and assignees’ of the entailer, was also forfeited to the crown.
[1751] UKHL 1 – Paton – 508
Bailii
Scotland
Land
Updated: 22 November 2021; Ref: scu.558204
