I. DISPOSITION TO AN HEIR.

I, A B, Esq. do hereby GIVE, GRANT, and DISPONE to, and in favour of C D, his heirs and assig nees whomsoever, heritably and irredeemably (but under the reservation of my own liferent use and enjoyment thereof, and under the reservations after expressed), ALL and WHOLE-(here describe the lands fully as in the title deeds.)-IN WHICH LANDS, and others foresaid, (under the burden of my said liferent right, and use thereof, which I hereby expressly reserve), I BIND and OBLIGE me, my heirs and successors, to INFEFT and SEASE the said C D, and his foresaids, TO BE HELD, either of and under me, my heirs and successors, in free blench, for payment of a penny Scots money, on the ground of the said lands, at Whitsunday yearly, if asked only, and relieving us of the duties and services payable to our superiors; OR from me, and my foresaids, of our immediate lawful superiors thereof, in the same manner, and as freely, as I hold, or might hold the same myself; and that either by resignation or confirmation, or both. AND, for accomplishing the said infeftment by resignation, I hereby conSTITUTE and APPOINT jointly and severally, to be my lawful and irrevocable procurators, with power to them, power to them, for me, and in my name, lawfully to RESIGN and SURRENDER, as I hereby RESIGN, SURRENDER, UPGIVE, overGIVE, and DELIVER, ALL and WHOLE the lands and others lying and described in manner above writ

ten, in the hands of my immediate lawful superior thereof, or of his commissioners duly impowered by him, IN FAVOUR, and for new INFEFTMENT of the same to be given to the said C D, and his foresaids, heritably and irredeemably, in legal and proper form; but with and under the burden of my reserved liferent; AND THEREUPON to take instruments and documents, AND generally to do every other thing in relation thereto, which to the office of procuratory is known to belong: AND whatever my said procurators shall lawfully do, or cause to be done in the premisses, I oblige me to RATIFY and CONFIRM. As also, I hereby, under the burden foresaid, ASSIGN and DISPONE to and in favour of the said C D, and his foresaids, the rents of the said lands and estate, with the whole title-deeds and securities thereof, whole clauses and effect thereof, and all action and execution competent thereon; RESERVING ALWAYS to myself full power and liberty, at any time of my life, and even on deathbed, to revoke, alter, or innovate these presents, in whole, or in part, as I shall think fit; WITH POWER ALSO to sell, or gratuitously to alienate and dispose of the lands and others foresaid, or to contract debt thereupon. BUT DECLARING, that no revocation hereof shall be inferred by implication or construction, but only from an express revocation in writing, subscribed by me: AND, in case of no such revocation in writing, then, although these presents may be found lying in my own custody, or in the custody of any other per

son, UNDELIVERED, at the time of my death, YET I hereby DISPENSE with the want of DELIVERY, and DECLARE this deed to be equally good and effectual, as if an actual and formal delivery had taken place; any law or practice to the contrary notwithstanding. AND I CONSENT to the REGISTRATION hereof, in the books of Council and Session, or other judges' books competent, competent, therein to remain for preservation; and for that purpose I CONSTITUTE

my procurators, &c. AND FURTHER, I hereby DESIRE and REQUIRE you, jointly and severally, my baillies hereby specially constituted, THAT, on sight hereof, ye pass to the grounds of the lands, and others foresaid, respectively and successively; and there GIVE and DELIVER heriable state and sasine, actual, real, and corporal possession, to the said CD, or his foresaids, but under the reservation of my liferent, and of the other powers above expressed, of ALL and WHOLE the lands and others before disponed, lying and described in manner foresaid; and that you give such sasine by delivery to the said C D, or his foresaids, or to his or their attorney or attorneys, in his or their names, bearers hereof, of earth and stone of the ground of the said lands, with all other symbols usual and necessary; and this in no ways ye leave undone. WHICH to Do I commit to you, jointly and severally, my full powers by this my precept of sasine, directed to you for that effect. IN WITNESS WHEREOF, these presents, consisting of this and the preceding pages,

EDINBURGH, the

day of

written on stamped paper by L M, clerk to N P writer to the signet, ARE SUBSCRIBED by me AT one thousand seven hundred and ninety-nine years, before these witnesses, the said L M, and R S my servant.

L. M. witness.

R. S. witness.

A. B.

II. ALTERATIONS ON THE DISPOSITION TO AN HEIR.

The above is the fimpleft form of this difpofition; and I fhall endeavour to bring into view, in the order of the clauses, the various alterations which take place on this form.

I. REGULATIONS RELATIVE TO THE

DESTINATION.

To the Grantor's Family.

In the above form, the grantor difpones to CD, referving his own liferent, with a power to burden or alter. In place of this he may difpone, first to himself, and failing him, to C D. Thus "I, A B, Efq. do hereby GIVE, GRANT, "and DISPONE to, and in favour of myself, "whom failing, to C D, his heirs and affignees, "whomfoever; or to and in favour of myself "and the heirs of my body, whom failing to FC D, &c. When the deftination is thus expreffed, there is no occafion for referving the

grantor's liferent, or a power to burden the lands, fince these powers belong to him as proprietor. But in order to give examples of the changes produced on the deftination, I fhall firft take the cafe of a destination to the members of the grantor's own family.

In order to explain this fpecies of destination, I fhall fuppofe that the grantor has two sons, E and F, and two daughters, G and H. That the fons and the heirs male of their bodies are first to fucceed, then the daughters and the heirs male of their bodies, then the heirs whomsoever of the fon's body, then the heirs whomfoever of the bodies of the daughters, then the heirs and affignees whomfoever of the grantor. This deftination may be expreffed either in general terms, or by calling the parties fpecially.

Destination to Children expressed Specially.

"I A B do hereby GIVE, GRANT, and DISPONE to and in favour of E my eldest son, and the heirs male of his body; WHOM FAILING, to F my youngest son, and the heirs male of his body; WHOM FAILING, to the heirs male of my own body; WHOM FAILING, to G my eldest daughter, and