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Titles to Land Consolidation (Scotland) Act 1868

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Changes over time for: Section 28

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Version Superseded: 28/11/2004

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Point in time view as at 01/02/1991. This version of this provision has been superseded. Help about Status

Changes to legislation:

There are currently no known outstanding effects for the Titles to Land Consolidation (Scotland) Act 1868, Section 28. Help about Changes to Legislation

[F128 Petition to be presented to the Sheriff of the county or to the Sheriff of Chancery.U.K.

In every case in which a general service only is intended to be carried through, such petition shall be presented to the sheriff of the county within which the deceased had at the time of his death his ordinary or principal domicile, or, in the option of the petitioner, to the Sheriff of Chancery, and if the deceased had at the time of his death no domicile within Scotland, then in every such case to the Sheriff of Chancery; and in every case in which a special service is intended to be carried through, such petition shall be presented to the Sheriff within whose jurisdiction the lands or the burgh containing the lands in which the deceased person died last vest and seised are situated, or, in the option of the petitioner, to the Sheriff of Chancery, and in the event of the lands being situated in more counties than one, or in more burghs than one, if such burghs are in different counties, then in every such case to the Sheriff of Chancery.]

Textual Amendments

F1Ss. 27–38, 40–48, 50, Schs. (P.), (Q.) which were repealed by Succession (Scotland) Act 1964 (c. 41), Sch.3 are revived, without prejudice to Succession (Scotland) Act 1964 (c. 41), s. 37(1)(d), by Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55), s. 6—(a) in so far as they provide; and (b) for the purpose only of providing a procedure whereby the heir of a last surviving trustee in a trust, called as heir of provision in the trust destination, may establish his entitlement to act as trustee by having himself served as heir in general to the last surviving trustee.

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