Remarks Upon Scotch Peerage Law; As Connected With Certain Points In The Late Case Of The Earldom Of Devon To Which Are Added, Desultory Observations  by John Riddell

Remarks Upon Scotch Peerage Law; As Connected With Certain Points In The Late Case Of The Earldom…

byJohn Riddell

Paperback | January 30, 2012

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1833. Excerpt: ... With respect to Scotch Baronetcies, many of which are granted to " heirs-male," and have been taken up by heirs-male collateral, the point here has as little been decided; but certainly the broad interpretation would apply a fortiori to them, as they cannot be viewed in the light of Peerages, and were originally conferred along with land, in the attempt to colonize what however proved to be a mere Utopia, under an evident limitation to heirs-male whatsoever. Before proceeding to the next topic springing from the Devon Patent, it may not be irrelevant to discuss a little the meaning of the term "heirs"--which, although ordinarily with us, more comprehensive than " heirs-male," is yet of an analogous character, subject often to the same rules, and even under peculiar circumstances, synonymous with heirs-male. II. IMPORT OF THE TERM " HEIRS," IN CERTAIN CASES. The preceding observations attach only to " heirs male," standing alone, without being affected by any adjuncts to qualify the meaning. It must still, however, be remembered, that by our law, both "heirs," and "heirs-male," are flexible terms, and under different aspects, fall to be differently construed. The patent of the Barony of Nairn, dated '27th of JanuaiT 1681 limits the honors to the loo. « /ieirsn between Lord George Murray, son of the Marquis of Athol, and Dame Margaret Nairn; whom failing, to any other son of the Marquis, Margaret might happen to marry, and to their " heirs;" but the heirs are expressly stated to be those who are to succeed to the estates; and as, at the same time, the latter were entailed upon the heirs-male of the body of Margaret, and her contemplated husband,1 such, assuredly, must be the import of the word "heirs" in the patent. Many similar illustrations might be ...

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Title:Remarks Upon Scotch Peerage Law; As Connected With Certain Points In The Late Case Of The Earldom…Format:PaperbackDimensions:60 pages, 9.69 × 7.44 × 0.12 inPublished:January 30, 2012Publisher:General Books LLCLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0217983901

ISBN - 13:9780217983907

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