general difpofition, to bring into view the means which the law affords to the general difponee, of completing his title, and fo lengthens this part, which would otherwise be exceedingly fimple. The other divifion of the subject will neceffarily give a view of thofe forms by which the grantor not only conveys a special subject, but all that he may die poffeffed of.

I. OF THE GENERAL DISPOSITION.

1. General Disposition.

I, A B, do hereby GIVE, GRANT, ASSIGN, and DISPONE, (or where the deed is granted to a stranger by a person who has no children, it might begin in these terms, I, A B, failing heirs of my own body, Do by these presents GIVE, GRANT, &c.) to and in favour of C D, his heirs and assignees whomsoever, heritably and irredeemably, (but under the burdens and declarations after mentioned), ALL and SUNDRY lands and heritages, debts heritable and moveable, crop, stocking, furniture, books, plate, bank notes, money, AND, in GENERAL, my whole means and estate, heritable and moveable, of whatever nature or denomination, or wherever situated, presently belonging, or which shall belong to me at the time of my death; TOGETHER WITH the whole vouchers and instructions of the said debts, and the writs and evidents of my heritable estate; AND PARTICULARLY, without prejudice to the said generality, the effects

and sums of money which may be contained in any inventory made up and signed by me, as relative to these presents, and which shall be as sufficient to exclude the necessity of confirmation, as if every particular thereof were herein inserted. FURTHER, I do hereby BIND and OBLIGE me and my heirs and successors, to infeft and sease the said CD, and his heirs and assignees, in the whole lands and heritages above disponed, requiring infeftment to be held either a me or de me. AND for that purpose, to make, grant, subscribe, and deliver to the said C D, and his foresaids, all necessary deeds, with procuratories of resignation and precepts of sasine, and all clauses necessary for fully vesting the premises in their persons; WITH POWER to the said CD, and his foresaids, to pursue for, receive, and discharge the debts and effects hereby disponed, and generally to do every other thing in relation to the premises which I might have done before granting hereof: And, for rendering these presents more effectual, I also NOMINATE and APPOINT the said CD, and his foresaids, to be my EXECUTORS and universal LEGATORS and INTROMITTERS with my moveable estate, WITH POWER to expede coNFIRMATIONS and all other titles that may be necessary. BUT these presents are granted with this DECLARATION and PROVISION, that the said C D, and his foresaids shall be bound and obliged, as by acceptation hereof they BIND and OBLIGE themselves, To PAY out of the first and readiest of the estate and effects hereby conveyed, all my just and lawful

debts, with my funeral charges, and any gifts or legacies I may think proper to leave, (if the deed is to be burdened with legacies, you will say, and particularly the legacies following, payable at the first term of Whitsunday or Martinmas after my death, viz. to E F, the sum of &c.')

RESERVING ALWAYS to myself my own liferent use and enjoyment of the whole premises; with full power to me, at any time in my life, and even on deathbed, TO ALTER, INNOVATE, OR REVOKE these presents, in whole or in part; AND to As SIGN and DISPOSE of the effects hereby conveyed in any manner I may think proper. BUT in so far as these presents shall not be altered or revok. ed, the same shall be valid and effectual, although found lying in my own custody, or in the custody of any other person for my behoof, undelivered at the time of my death; with the not delivery whereof, I hereby dispense. 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 for that purpose CONSTITUTE

IN WITNESS WHEREOF, &c.

my procurators, &c.

2. Form of completing the Title of the General Disponee.

Where the general difponee is also heir at law, he may complete his title to the estate as heir, and, where it is neceffary, be confirm

ed executor under the deed; but where the difponee is a ftranger, and there are heritable fubjects falling under the difpofition, if the heir does not agree to ferve and convey to him, the completing a title to the heritage must be attended with a profusion of troublesome forms.

The first step to be taken by the difponee, is to charge the heir to enter to his predeceffor: This is followed by a fummons of constitution; and, fhould the heir renounce, there is a decree cognitionis caufa, and an adjudication; or there is (if he does not renounce) a decree of conftitution, a fpecial charge, an adjudication in implement, and in either cafe, a charter of adjudication and a fafine; or, where the grantor of the general difpofition has not been infeft, there will be a general special charge and an adjudication, by which the difponee will acquire right to the unexecuted procuratories and precepts on which he may be infeft. Such are the steps by which the difponee, without the aid of the heir, must complete his right; and I shall now give examples of the forms.

General Charge.

The general charge paffes on a bill presented to the Lords; but the bill does not require any

warrant, and the most material business is to have it directed against the heir of inveftiture.

Bill of the General Charge.

MY LORDS of COUNCIL and SESSION, unto your Lordships humbly means and shows, YOUR SERVITOR CD, that I have sundry actions to prosecute at my instance against E F, (mention his relationship to the deceased), heir apparent of the deceased A B, for payment of sundry debts, and implementing and fulfilling to me of certain deeds, dispositions, obligations, and other writs granted in my favour by the said A B; AND although I have frequently desired the said E F, to make payment. of the sums of money, and to fulfil the foresaid deeds, YET he not only refuses to do so, BUT, to my manifest defraud and prejudice, wilfully lyes forth, and will not enter himself heir to the said A B, nor make up any title to him, to the effect that I may pursue the foresaid actions and causes against him, and such other actions and causes as I have to lay to his charge, or might lay to the charge of the said A B, were he still in life.

MAY it THEREFORE PLEASE your Lordships, to grant warrant for letters of general charge in the premises, in common form. ACCORDING TO JUSTICE, &c.

M. N.'s bill