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Titles to Land Consolidation (Scotland) Act 1868

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125Completion of Title of Executors or Executor nominate, or Disponee or Legatee of an Heritable Security, or of Heir where Executors excluded.

Upon the Death of any Creditor in right of an Heritable Security, constituted by infeftment as aforesaid, from which Executors shall not have been excluded, who shall die leaving a Testamentary or mortis causa Deed or Writing naming Executors, or disponing or bequeathing his Moveable Estate to Disponees, or disponing or bequeathing the Security to Legatees, it shall be competent for the Executors or Disponees, duly confirmed, or for the Legatees, as the Case may be, to complete a Title thereto by a Writ of Acknowledgment to be granted in their Favour by the Debtor in the said Security infeft in the Lands comprehended therein, in or as nearly as may be in the Form set forth in Schedule (II.) hereto annexed; and when the Executors or Disponees (being more than One) shall be appointed under such Deed or "Writing for holding the Moveable Estate of the Deceased in trust for the Purposes of the Deed or Writing, and not wholly for their own beneficial Interest, it shall be competent (when not expressly precluded by the Terms of the Deed or Writing) to take the said Writ in favour of the said Executors or Disponees, and the Survivors or Survivor of them; and where any Creditor has died or shall die before the Commencement of this Act in right of such an Heritable Security, or where any Creditor shall die thereafter in right of such an Heritable Security, from which Executors shall have been excluded, it shall be competent for the Heir of such Creditor to complete a Title to the Security by a Writ of Acknowledgment as aforesaid; and on such Writ being recorded in the appropriate Register of Sasines, the Executors, Disponees, or Legatees, or Heirs, as the Case may be, in whose Favour such Writ has been granted, shall be vested with the full Eight of the Creditor in such Security, and shall be held to be entered with the Superior in like Manner and to the same Effect as the original Creditor himself.

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