vision possessing under the above destination; AND THAT by payment to the person so in possession, of the sum of 51. Sterling, upon any term of Whitsunday or Martinmas, the said E D, or the heirs male of his body, shall think fit, after the succession shall have opened to those succeeding to the said CD, or to the heirs male of his body, in manner foresaid. "

I shall close this section with the form of a deed devised for the purpose of preventing an heir under a former destination from reducing a new deed to a different series of heirs.

IIL EXAMPLE OF THE DISPOSITION TO AN HEIR BURDENED.

Disposition to an Heir under certain Conditions

in regard to altering the order of Succession, and bearing the Name and Arms, and with a Conditional Provision in favour of an Heir under a former Destination, provided he ratifies the Deed.

"I, A B, esq. do hereby GIVE, GRANT, ALIEAB, NATE and DISPONE, heritably and irredeemably, To and IN favour of CD; WHOM FAILING by decease, to E D his second lawful son, and the heirs of his body; whom failing, to G D his third lawful son, and the heirs of his body; WHOM ALL FAILING, to my nearest heirs and assignees, ALL and

WHOLE (here describe the lands)—with all right, title, interest, claim of right, property and possession, which I, or my predecessors or authors, had, have, or anywise might have, claim, or pretend to the said lands and others foresaid; BUT THAT ALWAYS with and under the conditions, provisions, limitations and declarations underwritten, viz. WITH and UNDER this PROVISION, as it is hereby specially PROVIDED and DECLARED, that as often as the succession to the said lands and others fhall devolve upon heirs female, the eldest daughter, or heir female, and the descendants of her body, shall exclude all other heirs portioners, and succeed always without division, throughout the whole course of succession; AS ALSO, with and under this LIMITATION, as it is hereby expressly PROVIDED and DECLARED, that it shall not be lawful to the said CD or any of the substitutes above mentioned, to ALTER, INNOVATE, or CHANGE the foresaid destination, or order of succeffion, nor to do any deed, directly or indirectly, whereby the said lands and estate, and others above disponed, may be any ways evicted, and the subsequent heirs disappointed of their succeffion to the same, according to the order of the foresaid substitution and destination; DECLARING hereby, all such alterations and deeds to be, ipso facto, void and null; AND with and under this CONDITION and PROVISION ALWAYS, that the said C D and the whole other heirs and substitutes above-mentioned, as well male as female,

who shall succeed to the lands above-mentioned, and the husband of any heir female so succeeding, shall be HELD and OBLIGED to ASSUME, and continually RETAIN, USE, and BEAR the surname, arms, and designation of B of

as their own proper surname, arms, and designation, in all time after their succeffion to the said lands; declaring hereby, that if the said CD, or any other of the heirs and substitutes above-mentioned, shall do in the contrary thereof, or shall gratuitously dispose of the said estate, or in any shape alter, innovate, or change the order of succession hereby established; THEN, and in that case, the person so contravening shall, for him or herself alone, forfeit all right and interest to the said lands and others hereby disponed, and the same shall, in the case foresaid, ipso facto, fall to the next heir in the order of succession, though descended of the contravener's body: AND it shall be LAWFUL to every heir who shall thus acquire a right to the estate by the contravention of a former heir, to sue and obtain declarators on the contravention, and to serve heir to the person who died last vest and seased in the said lands and estate preceding the heir contravening; and thereby, or by adjudication, or by any other formal and legal method, establish in his or her person a full and complete title to the said lands; AND the heir so succeeding on the contravention shall HOLD and POSSESS the estate, under the same conditions and limitations in every particular, as any other

heir under this deed; AND WITH and UNDER this CONDITION ALWAYS, that in case the heirs of the body of the deceased M N shall, at any time within year and day after my death, (or if at the time of my death such heirs be minors, or forth of Great Britain, THEN, in case they shall, within year and day after their attaining majority, or coming to Great Britain), execute such supplementary deed, ratifying and homologating this present disposition and settlement, as shall be directed and advised by for fully assuring to the said C D and the heirs hereby called, an absolute and secure right to the said lands and others hereby disponed; THEN and IN THAT case, the said C D, and the heirs hereby called, and in right of the said lands and others hereby disponed for the time, shall, by acceptance hereof, be BOUND and OBLIGED to content and pay to the heirs of the body of the said deceased M N, THE SUM of Sterling, with the interest thereof, from the first term of Whitsunday or Martinmas after my death. BUT DECLARING, that in the event of no such supplementary deed being executed within the time or times above limited; or in the event of the said heirs attempting any reduction of this present settlement, THEN the CONDITION and OBLIGATION hereby imposed on the said C D, and the other heirs hereby called, shall cease and be determined, and have no effect whatever against them, or any of them. IN WHICH LANDS and others above dis

poned, I the said A B BIND and OBLIGE me, my heirs and successors, duly and validly to infeft and sease the said CD; WHOM FAILING, the other heirs and substitutes above specified, and that by two several infeftments and manners of holding; the one thereof to be held of and under me, and my foresaids, in free blench, for payment of a penny Scots money on the ground of the said lands, at the term of Whitsunday yearly, if asked allenarly; or from me and my foresaids, of our own superiors thereof, in the same manner, and as freely in all respects as I hold, or may hold, the same myself, and that either by resignation or confirmation, or both, the one without prejudice to the other. AND for obtaining the said infeftment by RESIGNA TION, I hereby MAKE, CONSTITUTE and AP

POINT

jointly and severally, my lawful procurators, for me, and in my name, to RESIGN, as I hereby RESIGN, SURRENDER, UPGIVE, OVERGIVE and DE LIVER, ALL and WHOLE the lands, teinds, mills, fishings, and others before disponed, lying, bounded, and described as aforesaid, IN the hands of my immediate lawful superiors of the same, or of their commissioners in their name, having power to receive resignations, and thereupon to grant new infeftments, IN FAVOUR, and for new infeftments of the same, to be made and granted to the said CD; WHOM FAILING, to the other heirs and substitutes above mentioned, heritably and irreD

VOL. III.