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time of the teftator's death; and if these are included, it will then be proper further to express, whether their heirs in general, or the heirs of their bodies only, are to fucceed; and it ought also to be expreffed, where the children of several perfons are called, whether they are to fucceed in ftirpes or in capita.

Joint Legacy.

In giving a legacy of a fum to two persons, we should recollect, that in joint legacies, there is a right of accrefcence, and we ought not to leave the point in doubt.

A Legacy given to one in Liferent and another in Fee.

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Where the fee of a legacy is given to one, and the liferent to another, it may be thus expreffed, to CD in liferent, and to EF in fee, the fum of 100l. Sterling." But in order to prevent any queftion as to the falling of the liferent by the fiar's predeceasing the teftator, perhaps the following addition might be made to the claufe," declaring always, that although the intereft of the faid E F fhould lapse by his predeceafing me, the same shall

not affect the intereft of the faid CD, whofe liferent right shall notwithstanding remain in full force."

A Conditional Legacy.

Where a legacy is made payable against an uncertain day, that is, a day that never may arrive, it is held to create a conditional legacy, due only in the event of the day arriving. Where it is made payable on a day which certainly will arrive, though the precife period of its arrival may be uncertain, the legacy vests on the death of the teftator, though the claim is suspended till the arrival of the day.

A Special Legacy.

"I LEGATE and BEQUEATH to CD the fum of

bond granted by G H to me, dated

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Sterling, contained in a

with the penalty therein

expreffed, and the intereft of the faid principal fum which fhall fall due from and after the first term of Whitfunday or Martinmas after my death." In a legacy of this kind, it will proper for the teftator to confider, whether, in the event of the debtor's infolvency, the loss

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fhould be made up to the legatee from the other funds; and whether any provision should be made for the payment and discharge of the debt to the teftator himself, or for the addition of an heritable fecurity. Under this head it may be proper to obferve, that where a legacy is ordered to be paid out of a certain fund, the bequeft qught to exprefs the teftator's intention, in cafe the fund fhall prove deficient.

Notorial Execution of a Will.

In executing latter-wills, as they are too often delayed till the perfon is on deathbed, the aid of a NOTARY may be required; where this is the cafe, one notary and two witneffes are fufficient. The form of the testing claufe is precifely the fame as if the teftator himself had figned it: "IN WITNESS WHEREOF, thefe prefents, confifting of this and the preceding pages, written on ftamped paper by L M, clerk to O P, writer in Edinburgh, ARE SUBSCRIBED by me, AT EDINBURGH, the day of

one thousand feven hundred and ninety-nine years, before these witneffes, the faid L M, and the faid O P."

The notary then fubjoins his docquet in this form: "At the defire of the abovemen

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tioned A B, and by authority from him, who declares that he cannot write from indisposition (or whatever the cause may be), and he having, in token of the authority given to me, touched my pen, I, notary in the premisses, do fubfcribe for him, the before written deed having been previously read over to the faid A B,. in prefence of me, and of the witneffes before defigned.

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Allow me further to obferve, that where there is property in England in the public funds, or where it is not real property, it will be carried

by a Scotch will, which may be proved in the fame manner with an English one.

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tract of the will must be sent up to citor in England, (or even a copy of the will is sufficient), and proper forms are returned, with the neceffary inftructions as to the manner of executing them. The probate is obtained, and the funds received by the person entrusted in London.

These observations fufficiently explain the form of the latter-will and teftament; and what has been ftated relative to the conftitution of legacies, will apply equally to their constitution. in the general fettlement as in the teftament.

CHAP. II:

OF THE DEEDS BY WHICH THE SUCCESSION IN A PARTICULAR ESTATE IS REGULATED.

IN the conveyance of an eftate to an heir, or to a series of heirs, there are many points highly interesting to the conveyancer. Thus there are the different terms of the destination; the burdens under which the property may be conveyed; and the powers which may be referved by the grantor. The deeds of this class include every form of conveyance, up to the statutory entail; which, both from its ftatutory forms and the circle of deeds connected with it, forms a fyftem by itself. These varieties, in the form of the difpofition of a particular estate to an heir, I fhall endeavour to explain, by giving, first a view of the deed in its fimpleft form.I fhall then add the changes of which it is fufceptible, in the explanation I am to give of the different clauses, and close the whole with an example of the deed in its most complete fhape.

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