Heritage, which includes land, and all property connected with land, goes to males in preference to females; and, where there are more than one male in the same degree of relationship to the deceased, the succession goes to the eldest male; the others receive the moveables equally amongst them, and are termed the nearest of kin, or executors of the deceased. Where there are more than one female in the same degree of relationship to the deceased, or the descendants of such female, according to the jus repraesentationis, the heritage does not go to the eldest female, as happens in the case of males, but it goes to all the females in the same degree of relationship, and their issue, equally, who are termed heirs-portioners.
Definition source
Bell, William, A Dictionary and Digest of the Law of Scotland, 7th ed. rev. George Ross (Edinburgh: Bell & Bradfute, 1861), s.v. “Heritage.” Public domain.
Legal Subject: Heritage |
| Case | Date | Legal Subject | Abstract |
|---|---|---|---|
| Cockburn v. Duncan | 1802 | Heritage, Rents, Deeds | Janet Cockburn Haldane, Margaret, Euphemia and Elisabeth Haldane, daughters of Mr. George Haldane, brought an action to recover the payments and rents over the lands of Geneagles. George Haldane had inherited the real estate from his uncle Robert Haldane by virtue of a deed of tailzie and bonds of provision. The defendant, Viscount Duncan, argued that the pursuers’ allegations were unsupported because Robert Haldane has given to him the right over those properties. |
