Burn, opinion of (Eccles. Law), that the law of personal suc- reasons for doubting this, ibid. Capita, succession per capita not per stirpes, 377. Chalmers's Caledonia-his views as to the age of Regiam Majesta- Chartularies of the monasteries, state of ancient law to be seen in, contain deeds similar to those used in England at the same Children entitled to legitim out of the goods in communion, 367. Collateral succession excludes the half blood, 378. Collation in Scotland, what, 205. takes place in collateral as well as direct succession, ibid. alterations in regard to them, 248. Communio bonorum, its effect in the case of the wife predeceasing, takes place on marriage, 365. subject to the husband's jus mariti, ibid. Confirmation to be granted to the nearest in kin, by 1540, c. 120., granted in any Commissary court was effectual throughout fees paid upon, 250, 251. formerly required to vest the property, 252. also to give an active title to the personal representative, ibid. personal succession in his time not fixed in some points, 67. Daughters. See Succession. David I.: was he the author of Regiam Majestatem? 13. Dead's part, what, 365. Death-bed, 366. I Erskine, when he wrote the law of international succession not Escheat of the effects of a bastard, 85. single, 308. Executors testamentary, synonymous with executors in England, 61. Executors testamentary, a third of the residue given to them by dative, synonymous with administrators in England, 61. Father, liability of, as manager for the succession of his minor has the power of disposing of the dead's part by his will, 367. excluded in succession by brothers and sisters, and their Fisc, 308. Forisfamiliated, 62, 63. France, its former intimate connexion with Scotland, 69. their subjects mutually naturalized, ibid. formerly divided into the " droit écrit," 70. pays coutumiers," and " pays de their customary laws of great extent and intricacy, 71. Abolish- Gregory IX., a gloss on the decretals of, noticed in Regiam Majesta- Grandfather. See Succession. excluded by uncles and aunts, and their descendants, 381. Hailes, Lord, his opinion of Skene as an editor, 16. notice of villenage in his annals, 19. Heirship moveables, who entitled to, 309. Heritable and moveable, 307, 308. Husband, jus mariti of, 365. can only bequeath his dead's part by will, or deed mortis causa, Idiots, fatuous and furious persons, 113. 115. Jus mariti. See Husband. Jus relicta, 367. vested without confirmation, 383. Kaimes, his observation on Craig as an antiquary, 18. was of opinion that the laws of England and Scotland were Legatine constitutions of the Scottish church, 23. Legitim, cannot be disappointed by a testamentary instrument of the release by one child operates in favour of the others, ibid. must be specially discharged, 137. advances to children to be accounted for, 375. confined to children; grandchildren do not take, 377. Legitimation, letters of. See Bastard. · per subsequens matrimonium, 86. Macfarlane, MS. copies of antient chartularies, 20. Mackenzie, Sir George, his observations on 1617, c.14.— giving terms this a most just act, ibid. Marriage, a father may, in his will, forbid his daughter to marry a if not subsisting for a year and day, and no living child when Minor, can the domicil of a minor be charged during minority? 201. may make a will on attaining puberty, 312. Mother, and all relations through the mother, excluded in succes- Multiple-poinding, 137. Nisbet of Dirleton, his opinion on some parts of the law of suc- inclined to the rule paterna paternis, materna maternis, 67. Othobon, legatine constitutions of, 9. addressed to the Scottish church, 23. a dispute in regard to the charges of his visitation noticed by Probates and administrations, English, effect given to, in Scotland, an English probate sustained as a title to sue in Scotland, ibid. held that the English executor must make up a title in Scot- a widow and daughter residing in Poland, and suing in Scot- Probates and administrations, a debt due in Scotland, paid to one acting an Irish probate sustained as a title to sue, in Scotland, where probate of a will granted in England, a creditor not en- no will can be made during pupillarity, 311. Quoniam attachiamenta, opinion of, in Barrington on Ancient Sta- recognised by 1425., c. 54., 20. Quot, payable upon confirmations in Scotland, 250. Regiam Majestatem and other ancient treatises published by Skene, questions as to their authenticity, 15. 17. grounds in support of, 19. recognised by statute 1425., c. 54., 20. of an uncertain date, 21. Representation, not allowed in personal succession, 377. Rescinded act 1644. c. 19. (books of ministers not to fall in the Restraint on marriage, a father may, in his will, forbid his daughter Reversions, when introduced into the law of Scotland, 18. Settlement what so termed; equivalent to a will or mortis causa Sequestration in Scotland. See Bankruptcy. Sister. See Brother and sister. Skene edited the ancient books of the Scottish law, 13. Stair, when he wrote, the law of international succession not fixed, Statutes, Scottish, or relating to Scotland. Burgorum Quatuor Leges, William the Lyon, statutes of, 59. 1425. c. 54. (recognition of Regiam Majestatem, &c.), 20. 1487. c. 115. (commission for revising the laws), 21. 1540. c. 120. (confirmations to be granted to the nearest in 1617. c. 14. (the executor to retain a third of the residue), Statutes, 1644. c. 19., Rescinded acts (ministers' books not to fall in 1696. c. 5. (relative to bankruptcy), 230. 12 G. 3. c. 73. (introducing sequestrations into Scotland), 230. 4 G. 4. c. 97. (right of confirmation to transmit to next of Stewart, Sir James, his opinion on some parts of the law of succes- differed from Nisbet in regard to maternal succession, 67. Stirpes, no personal succession per Stirpes, 377. Stock, public, personal estate, 85. Succession, meaning of the term, in the civil law and law of Scot- early rules of, 12. deduction of these from the former early period, 59. were the rules of, borrowed from the custom of the province of assimilated to those of the law of France, 70. decisions of the courts at first not upon fixed principles, 85. a similar decision in regard to the effects in Scotland of a per- held to be regulated by the law of the domicil, 93. of a Scotsman who died in Italy, regulated by the law of Scot- of a Scotsman who died in Hamburgh, regulated by the lex loci of a person dying domiciled in England, held to be regulated principle at last fixed that the domicil should regulate, 118. the discharge of a child operates in favour of the other children, rules of, not long settled, 364. on a marriage, a communion of personal estate takes place be- marriage permanent, on the husband's death a tripartite division if no children, one half to the widow, one half dead's part, if no wife, also bipartite, one half to children, one half dead's |