Where any heir of entail in possession of an entailed estate in Scotland holden by virtue of any tailzie dated prior to the said first day of August one thousand eight hundred and forty-eight, or the heir apparent to such estate, shall, together or separately, have secured by obligation in any marriage contract the descent of such estate upon the issue of the marriage in reference to which such contract is entered into, it shall not be competent for such heir of entail in possession, or heir apparent, or either of them, to apply for or to consent to the disentail of such estate, until there shall be born a child of such marriage capable of taking the estate in terms of such contract, and who, by himself or his guardian, shall consent to such disentail, or until such marriage shall be dissolved without such child being born, unless the trustee or trustees named in such contract, or the party or parties at whose sight the provisions of the contract are directed to be carried into execution, shall concur in such application or consent.
Modifications etc. (not altering text)
C1S. 8 saved by Entail Amendment (Scotland) Act 1875 (c. 61), s. 5(3)