ly requifite, was in a great measure laid afide, for the difpofition either general or particular; and this admitted of the whole property being included in one deed.

A very few words, therefore, will explain all that is requifite in regard to the LatterWill and Teftament; and there will then remain the modern deeds of fettlement, confifting of Difpofitions to Heirs fpecial or general, more or lefs burdened, until we reach those deeds by which the ftatutory entail is conftituted: The Marriage Contract, which is properly a deed of fucceffion, with the Deeds naturally arifing out of it, will then be confidered: And, lastly, thofe Forms by which a title is completed in the perfon of the Heir, whether in heritage or in moveables,

These heads will completely exhaust this important subject, and give a full view of the manner in which eftates are tranfmitted from the dead to the living. They will Occupy the present and the enfuing Volume.

The

The prefent Volume will contain the following Chapters.

I. OF THE LATTER-WILL AND TESTA

MENT.

II. OF THE DEEDS BY WHICH THE SUCCESSION TO A PARTICULAR ESTATE

IS REGULATED.

III. OF DEEDS REGULATING THE TOTAL

SUCCESSION OF THE GRANTOR.

IV. OF THE FORMS BY WHICH A POWER OF ACTING FOR MINORS, &c. IS

CONFERRED.

V. OF THE DESTINATION OF ESTATES FOR PURPOSES OF CHARITY.

The enfuing Volume will confift of the following Chapters.

I. OF THE ENTAIL.

II. OF THE MARRIAGE CONTRACT, AND

RELATIVE DEEDS.

III. OF THE FORMS BY WHICH THE RIGHTS

TO HERITABLE AND MOVEABLE PRO

1

PERTY ARE FULLY VESTED IN THE
HEIR AND EXECUTOR.

CHAP,

CHAP. I.

OF THE LATTER-WILL AND TESTAMENT.

FROM what I have already observed in regard to the teftament, it will not be expected that I fhould prefent the reader with many examples of this deed: But as the form of conftituting the legacy belonged originally to the testament, and has thence been transplanted into the modern total fettlement or general difpofition, I shall take this opportunity of giving examples of the different manners of conftituting a legacy.

The most material thing to be attended to in the form of expreffing the teftament, is the manner of naming the executor; because, from a very flight turn of expreffion, you may confer on the executor the mere office, or you may give him an abfolute right of property in the fubjects falling under the deed. I shall give examples of this.

1. Testament, giving the Executor the mere Office only, and suppossed to be in the handwriting of the grantor.

I, A B, in order to settle my affairs, do hereby MAKE, CONSTITUTE and APPOINT C D to be my sole executor, administrator, and intromitter with the whole moveable and personal estate that shall belong to me at the time of my death; WITH full power to him to INTROMIT with my whole moveables and executry of every description; TO GIVE UP INVENTORIES thereof; TO CONFIRM the same; and, generally, to do every thing in the premises competent to an executor. DECLARING ALWAYS, that the said C D shall be accountable to the residuary legatee herein named, for his intromissions in virtue hereof, after deducting all my lawful debts and funeral charges; the necessary expenses to be laid out in confirming and recovering my effects; the legacies hereby appointed to be paid; and the sum of Sterling to himself, for his trouble in executing the office of executor. AND I ORDAIN my said executor to make payment, at the first term of Whitsunday or Martinmas after my death, and with interest from that time, of the following legacies, viz. (here the legacies will be expressed). AND whatever RESIDUE there may be of my said means and estate, falling under this testament, I ORDAIN the same to be

PAID

PAID over to M N, whom I hereby appoint to be my residuary legatee. AND THIS I DECLARE to be my LAST-WILL and TESTAMENT; RESERVING always full power to myself to REVOKE the same at pleasure; DISPENSING with the delivery hereof; AND DECLARING that these presents shall be valid and effectual, though found in my custody undelivered at the time of my death. 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

pre

my procurators, &c. In witness whereof, I have written and subscribed these presents, consisting of this and the ceding pages, at Edinburgh, the day of one thousand seven hundred and ninety-nine years. A B.

I may obfervé here, in cafe these ftyles fhould come into the hands of any other than a man of business, that this deed is closed in the manner proper to be followed where it is in the handwriting of the grantor himself; and that in that cafe witneffes are not required to the fubfcription.

Testament