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Conveyancing (Scotland) Act 1874

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This is the original version (as it was originally enacted).

46Trustees or executors may complete title where no direct conveyance of lands to them

Where in any mortis causa conveyance, grant, or testamentary deed or writing purporting to convey or bequeath lands within the sense and meaning of the twentieth section of " The Titles to; Land Consolidation (Scotland) Act, 1868," and appointing trustees or executors, the words of conveyance, grant, or bequest are not expressed to be in favour of such trustees ,or executors, it shall nevertheless be lawful for such trustees or executors to complete a title to such .lands in their own persons to the same effect and in the same manner as if the conveyance, grant, or bequest had been expressed to be in favour of them as such trustees or executors, and that by notarial instrument or in any other manner competent to a general disponee; and to hold, administer, and dispose of such lands for the purposes of such mortis causa conveyance, grant, or testamentary deed or writing: Provided always, that nothing herein contained shall prevent any disponee, grantee, or legatee to whom such lands may be expressly conveyed, granted, or bequeathed by such mortis causa conveyance, grant, or testamentary deed or writing, from completing a title thereto in his own person in terms of said recited Act where the completion of such title shall not be at variance with the purposes or directions of such mortis causa conveyance, grant, or testamentary deed or writing.

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