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Where any estate in Scotland is held by virtue of any tailzie dated prior to the said first day of August one thousand eight hundred and forty-eight, it shall be lawful for any heir of entail born on or after the said first day of August, being of full age, and in possession of such entailed estate by virtue of such tailzie, to acquire such estate, in whole or in part, in fee simple, by applying to the Court of Session for authority to execute, and executing, and recording in the register of tailzies, under the authority of the court, an instrument of disentail in the form and manner herein-after provided; and it shall be lawful for any heir of entail, though born before the said first day of August one thousand eight hundred and forty-eight, being of full age, and in possession of such entailed estate by virtue of such tailzie dated prior to the said first day of August, with the consent (and not otherwise) of the heir next in succession, being heir apparent under the entail of the heir in possession, he being born on or after the said first day of August one thousand eight hundred and forty-eight, and being of the age of [F1eighteen years] complete at the time of granting such consent, and not subject to any legal incapacity, to acquire such estate, in whole or in part, in fee simple, by executing, under authority of the court, an instrument of disentail as aforesaid, in the form and manner herein-after provided.
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