deemably, in due and competent form; BUT always WITH and UNDER the conditions, provisions, limitations, and irritancies above written; ACTS, instruments, and documents in the premisses, to ask and take, AND generally every other thing to do, which to the office of procuratory, in the like case, is known to belong; RATIFYING hereby and CONFIRMING whatever my said procurators shall lawfully do, or cause to be done in the premises. AND FURTHER, I hereby ASSIGN and DISPONE to the said C D, and the heirs above mentioned in their order, NOT ONLY the rents of the said lands and others, from and after my death, BUT ALSO the title deeds and securities of the said subjects, with the whole clauses, tenor, and contents thereof; BUT SavING and RESERVING always to me, at any time of my life, and even on deathbed, full power and liberty NOT ONLY to REVOKE, ALTER OF ANNUL these presents, in whole or in part, BUT ALSO full power to SELL, ALIENATE, or gratuitously DISPOSE of the said subjects, or to burden them with debt, or in any way I may think proper, as freely as if these presents never had been granted: BUT DECLARING, that the revocation or alteration of these presents is not to be inferred from implication or construction, but to be proved by writing only; AND in case of no such writing, THEN, although these presents shall be found lying in my custody, or in the custody of any other person, undelivered, YET I hereby DECLARE the

same to be as sufficient as if formally delivered; WITH the NOT-DELIVERY whereof I DISPENSE for ever: AND I CONSENT to the REGISTRATION hereof in the books of Council and Session, or other Judges' books competent, therein to remain for preservation; and thereto CONSTITUTE

procurators, &c. and REQUIRE you

my

FURTHER, I hereby DESIRE

jointly and severally, my

bailies in that part, to the effect after mentioned, specially constituted, THAT, on sight hereof, ye pass to the ground of the lands and others above written, respectively and successively, or to any particular place thereof, in virtue of a proper dispensation, and there GIVE and DELIVER to the said CD, or the other heirs above named, heritable STATE and SASINE, with actual, real, and corporal possession of ALL and WHOLE the lands, teinds, mills, fishings, and others above disponed, lying and described in manner foresaid, and that by delivering to the said CD, or to any other of the said heirs, or to his or their attorney or attornies, in his or their names, bearers hereof, of earth and stone of and upon the ground of the said lands, with all other symbols usual and necessary. BUT ALWAYS WITH and UNDER the conditions, provisions, limitations, irritancies, burdens, declarations, or reservations above written; and this in no ways ye leave undone : WHICH TO DO, I commit to you, jointly and se

verally, my

full power by this my precept of sasine, directed to you for that effect. IN WITNESS " &c.

WHEREOF,

In these forms, confifting of the fimple form of the difpofition of an eftate, and of the difpofition of an estate with various burdens and conditions, and with the aid of the various forms of destination, and of the other clauses and conditions to be met with in this deed, I would flatter myself the student will find materials worthy of his attention, and the man of bufiness forms that will fuit the differ ent deeds he may have to prepare.

I next proceed to the general fettlement, in which Moveable Property, as well as Heritage, is difpofed of to Heirs.

CHAP.

CHAP. III.

OF THE DEEDS REGULATING THE TOTAL SUCCESSION OF THE GRANTOR,

In regulating a person's total fucceffion, there was, at one time, a doubt how far a teftamentary deed could confiftently be united with the conveyance of a landed eftate, which, from its nature, muft be in the form of a deed inter vivos: But it has been long perfectly underftood, that there is nothing in this union which can affect the conveyance of heritage, provided the proper terms of conveyance be used.

In arranging the deeds of this Chapter, the principal diftinction will be made betwixt direct conveyances and conveyances in truft. Direct conveyances will have a fubdivifion into General and Special conveyances: And, in treating of the Truft Settlement, it will be proper to fhow in what manner the object of the deed is attained.

SECT,

SECT. I.

OF THE DIRECT CONVEYANCE TO AN HEIR.

THIS Section, as I have already obferved, naturally divides into the General and Special Conveyance. The former is the deed which has fupplanted the teftament, by carrying every thing to the heir of the grantor which belongs to the grantor, not only at the date of the difpofition, but at the time of his death, The advantage which it poffeffes over the teftament, confifts in its conveying heritage as well as moveables, and in admitting of an inventory of bills and bonds, made at any time by the grantor, to be united with it; by which the articles in the inventory are conveyed to the difponee, by which he poffeffes an active title in them, without the neceffity of a confirmation, or of any other form of conveyance. But the general difpofition lyes under this difadvantage, that where there are heritable fubjects, the heir of the grantor must concur before the general difponee can acquire a feudal title; or many forms must be gone through before the affiftance of the heir can be fupplied. This renders it neceffary, in treating of the