Detection of infamy
(38) Page 22
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5. A Declaration, that if those heirs shall do any
thing- contrary to the provisions before mentioned, by
disposing- or contracting- debts, or doing any deed con-
trary to the beforementioned restrictions, or any of them ;
such acta or deeds, shall not only be null and void, but the
contravener, for himself and descendants, shall forfeit
the right to the estate and the same shall belong to the
next heir.
6. An obligation on the heirs to pay the public bur-
thens and casualties of superiority, and obtain themselves
timously entered and enfeoffed.
7. The debts of heirs are declared, not to affect the
estate, and they are bound to prove abjudications within
two years.
Lastly, the heirs are empowered to provide their
wives, husbands, and children, in competent jointures and
provisions.
From the enactments and conditions of these charters,
It is evident that the intention of the settlor the Earl of
Perth was, that his estates should never become inherit-
able by the female line, so long as male-heirs were in
existence ; and it is equally evident, that by reason of
this strict entail, and that no subsequent acts of altera-
tion were made or occurred, otherwise than by the assump-
tion of the estate on the part of the Crown (the legality
of which assumption is not hereby meant to be discussed)
the said estates were according to the course of the
laws of Scotland (governing Scotch Inheritances) abso-
lutely vested in the Melfort Family, with a right of suc-
cession thereto, upon the failure of issue male of the
body of the Chancellor Perth, anno 1760.
5. A Declaration, that if those heirs shall do any
thing- contrary to the provisions before mentioned, by
disposing- or contracting- debts, or doing any deed con-
trary to the beforementioned restrictions, or any of them ;
such acta or deeds, shall not only be null and void, but the
contravener, for himself and descendants, shall forfeit
the right to the estate and the same shall belong to the
next heir.
6. An obligation on the heirs to pay the public bur-
thens and casualties of superiority, and obtain themselves
timously entered and enfeoffed.
7. The debts of heirs are declared, not to affect the
estate, and they are bound to prove abjudications within
two years.
Lastly, the heirs are empowered to provide their
wives, husbands, and children, in competent jointures and
provisions.
From the enactments and conditions of these charters,
It is evident that the intention of the settlor the Earl of
Perth was, that his estates should never become inherit-
able by the female line, so long as male-heirs were in
existence ; and it is equally evident, that by reason of
this strict entail, and that no subsequent acts of altera-
tion were made or occurred, otherwise than by the assump-
tion of the estate on the part of the Crown (the legality
of which assumption is not hereby meant to be discussed)
the said estates were according to the course of the
laws of Scotland (governing Scotch Inheritances) abso-
lutely vested in the Melfort Family, with a right of suc-
cession thereto, upon the failure of issue male of the
body of the Chancellor Perth, anno 1760.
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Histories of Scottish families > Detection of infamy > (38) Page 22 |
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Permanent URL | https://digital.nls.uk/95118086 |
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Description | A selection of almost 400 printed items relating to the history of Scottish families, mostly dating from the 19th and early 20th centuries. Includes memoirs, genealogies and clan histories, with a few produced by emigrant families. The earliest family history goes back to AD 916. |
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