The Law of Heriots With An Introductory Note On Their Origin

Cover The Law of Heriots With An Introductory Note On Their Origin
The Law of Heriots With An Introductory Note On Their Origin
E Broughton Edward Broughton Broughton Rouse
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Queries, Q. 64 ; Wat. Cop. Tit. Heriots.
5 Keilw. 84 b ; Hut. 4, Shaw v. Taylor ; Carter, 86 ; 4 Leon. 239, pi. 377 ; 2 Black. Comm. 424.
22 LAW OF HERIOTS.
of the statute. 1 The tenant cannot defeat the lord's claim by will, the lord's title is preferred to that of the legatee. 3 i 2 Brownl. 187, Tyrer v. Littleton, 10 Co. 56 a. S. C cited. Co. Litt. 185 b.
CHAPTER III.
persons from wbom Iberiote are Due* HERIOT Custom can only be due on the death or alien- ation of a tenant. 1 Heriot Service
...reserved on a particular grant or lease, being merely the agreement of the contracting parties, may be reserved on the happening of any particular event. A custom for a heriot on the death of any person dying within the manor, or on that of a stranger, cannot be supported. 2 On the death of a tenant a heriot (whether heriot custom or heriot service) may be claimed and that whether such tenant held in fee, 3 for life, * for years, 5 or at will only. 6 It is not, however, necessary that such tenant be the tenant paravail, for a person having the mesnalty may equally hold by heriot.

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