Scottish Court of Session Decisions

Subject_1 FORFEITURE.

Alexander Fraser's Claim on the Estate of Lovat

Date: 20 November 1750
Case No. No. 14.

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Lord Lovat having in 1741 executed a settlement of his estate to himself in liferent, and to his eldest son and other heirs in fee, in form of a strict entail, but with reserved powers to himself, to feu, wadset, contract debts, &c. which he in the same year recorded in the register of tailzies and books of Session, but never completed it by infeftment; and the estate being surveyed by the Barons as forfeited by him, it was claimed by his two youngest sons, as next heirs of entail after the master was also attainted; but because the tailzie was not completed by infeftment, and because of the great powers reserved, the Lords found the estate forfeited in his person, renitente (inter alios) me for reasons mentioned, MS. 8vo.* I indeed thought the settlement void by the act Geo. I., commonly called the Clan Act, and so thought Kilkerran, but the majority thought otherwise, and the point was not determined.

See Notes.