Titles to Land Consolidation (Scotland) Act 1868

130 Unregistered Security or Assignation to be available to Executors, &c. of Grantee.

In the event of an Heritable Security from which Executors shall not have been excluded, dated before or after the Commencement of this Act, not being constituted by infeftment during the Lifetime of the Grantee, or of any Assignation, dated before or after the Commencement of this Act, of a Security from which Executors shall not have been excluded but which has been constituted by infeftment, not being completed by infeftment during the Lifetime of the Assignee, and where such Grantee or Assignee shall be in Life at the Commencement of this Act, such Security or Assignation shall form a Warrant for an Instrument in the form or as nearly as may be in the Form of Schedule (MM.) hereto annexed under the Hands of a Notary Public, being passed upon the same in favour of the Executors of the Creditor duly confirmed, whether the same be Executors nominate or Executors dative, or in favour of the Disponees or Assignees of such Security or of the Moveable Estate of such Creditor under any Deed or Conveyance inter vivos or mortis causa, or in favour of any Legatees of such Security; and where such Executors or Disponees or Assignees, being more than One, shall not be entitled to such Security wholly for their own beneficial Interest, it shall be competent to take such Notarial Instrument in favour of such Executors or Disponees or Assignees, and the Survivors or Survivor of them, unless such a Destination be expressly excluded by the Terms of the Conveyance, or Deed, or Writing; and where Executors shall be excluded from such Security or the Creditor has died before the Commencement of this Act, the Security or Assignation, as the Case may be, shall form a Warrant for a Notarial Instrument as aforesaid, in favour of any Disponees or Assignees or Legatees of such Security or of the Heritable Estate of such Creditor under any Deed or Conveyance by him inter vivos or mortis causa, Or under any Testamentary Deed or Writing by him within the Meaning of the Twentieth Section of this Act, or in favour of the Heirs of such Creditor having Right to the Security by Decree of General or Special Service as Heir to such Creditor; and on such Instrument being recorded in the appropriate Register of Sasines, the Executors or Disponees or Assignees or Legatees or Heirs, as the Case may be, in whose Favour such Instrument is expede, 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.