ENTAIL

Dictionary of Science, Literature and Art · 1854 · p. 31
(Fr. tailler, to cut off), in Scottish Law, signifies, in general, any deed whereby the legal course of succe ion is cut off, and an -Jbitrary one substituted. But, more strictly, a deed of tailzie is one framed in terms of the statute 1685, c. 22, and intended for the purpose of securing the descent of an heritable estate to the series of heirs and substitutes called to the succe ion by the maker of the tailzie. The principal difference between Scottish and English entails lies in the absence of any provision, in the law of the former country, similar to the fictions of fines or recoveries in the latter, whereby parties in po e ion were enabled to cut off the entail. Several statutes have been pa ed since that of 1685 to give heirs of entail in po e ion certain liberties which they could not otherwise po e ; as, to sell superiorities (2 G. 2, c. 50, 51); to grant leases for 31 years, 14 years, and a life or two lives, and building leases for 90 years; and to, exchange lands (10 G. 3, c. 51), redeem the land tax (42 G. 3, c. 46), make provisions for wives and children (5 G. 4, ' c. 87). [s. 1228]
Readham'da tam maddeyi gor →