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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