Titles to Land Consolidation (Scotland) Act 1868

Form of Petition of General Service U.K.

Unto the Honourable the Sheriff of [specify the county, or say “of Chancery,”] the petition of A. B. [here name and design the petitioner],Humbly showeth,

That the late C.D. [here name and design the ancestor to whom service is sought] died on or about theday of, and had at the time of his death his ordinary or principal domicile in the county of [or furth of Scotland as the case may be]. [In cases where the deceased died upwards of ten years before the date of the petition, and the petitioner cannot ascertain the place of the domicile, say that the late C.D. [here name and design the ancestor to whom service is sought] died on or about theday of, but the petitioner is unable to prove at what place the deceased had his ordinary or principal domicile at the time of his death.

That the petitioner is the eldest son [or state what other relationship or character of heir the petitioner bears] and nearest lawful heir in general of the said C.D. If the service is as heir of provision, say that the petitioner is the eldest son [or state what other relationship or character of heir the petitioner bears] and nearest lawful heir of provision in general of the said C.D., under and by virtue of a deed [specify the deed of provision] executed by E.F., dated theday of, or otherwise describe the deed so as to clearly identify it, or, if the service is as heir of tailzie, say that the petitioner is the eldest son [or state what other relationship &c. the petitioner bears], and nearest and lawful heir of tailzie and provision in general of the said C.D., under and by virtue of a disposition and deed of entail granted by E.F., dated theday ofand recorded in the register of tailzies theday of, whereby the said E.F. conveyed the lands of M. to and in favour of J.K. [here set forth the destination, or such part thereof as may be deemed necessary, or say, and the other heirs therein mentioned]; but always with and under the conditions, provisions, and prohibitory, irritant, and resolutive clauses, [or clause authorizing registration in the register of tailzies, as the case may be,]contained in the said recorded deed of entail, and here referred to as at length set forth therein.

May it therefore please your lordship to serve the petitioner nearest and lawful heir in general to the said C.D. [or whatever other character of heir is sought to be established, here set it forth.]

According to justice,&c.

[Signed by the petitioner or his mandatory.]