Blackwood's Edinburgh Magazine, Volume 64, No. 393, July 1848Various
History
Blackwood's Edinburgh Magazine, Volume 64, No. 393, July 1848
Various
England -- Periodicals; Scotland -- Periodicals
or even obliging, all peers to tie up by perpetual entail a certain
portion of their estates to accompany the title. Such anomalies
as that of an Earl of Buchan (Lord Erskine's father, see Lord
Campbell's _Lives of the Chancellors_) living in the uppermost flat
of a sixteen-story house, would thereby be avoided with considerable
advantage to the national interests.
Mr M'Culloch, therefore, who quotes Sir William Temple and Dr
Johnson on the same side, would preserve the law of perpetual entail
for the Scottish peerage, and extend it also to that of England.
In other respects he is, as we have above stated, in favour of a
considerable modification of the Scottish law of entail. He admits,
however, the difficulty of dealing with existing entails.
"These have established a right of property not only in the
actual possessors and their families, but, speaking generally,
in a wide circle of collateral heirs; nor could the rights of
the unborn heirs be affected without annulling the clauses in a
great number of settlements, and also in marriage-contracts and
other deeds _inter vivos_. It is, therefore, hardly possible
materially to relax the fetters of entails with strict justice
to all parties, though it might perhaps be slowly and gradually
effected without inflicting any very serious hardship on
any individual. We incline to think that this might be most
easily brought about by saving the rights of living heirs
of entail, and of such heirs as may be born under existing
marriage-contracts. The interests of the possible heirs that
might be prejudiced by the adoption of some such rule as this,
are of so very unsubstantial a description that they might
safely be neglected." P. 78.
At the time we write, a measure is pending before Parliament,
entitled "A Bill for the amendment of the Law of Entail in
Scotland," and endorsed with the names of the Lord-Advocate, Sir
George Grey, and Mr Solicitor-General for Scotland. Whatever
difficulties Mr M'Culloch feels with regard to relaxing the fetters
of entail, it is obvious that the contrivers of this bill are in
nowise hampered by them. They go to work in the most off-hand manner
possible. A short and unobtrusive-looking bill is to drive clean
through all the existing settlements and deeds of tailzie, with
their complicated train of clauses irritant and resolutive, as if no
mortal was concerned in the matter, and estates were the proper toys
of law-makers.
Public-domain text, read in full here on John Shaqi.
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