Intestates Widows and Children (Scotland) Act 1875

SCHEDULE B S Form of Confirmation

Annotations:

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Modifications etc. (not altering text)

C1 Forms prescribed by S.I. 1967/789 are to be used by Sheriff Clerks and may be used with modifications by Commissary Clerk of Edinburgh in lieu of form prescribed by Sch. B

Confirmation issued under the Act 38 & 39 Vict. cap. 41 S

Confirmation Dative of A.B., who resided at [name and description of deceased]

The said A.B. had pertaining and resting owing to at the time of his [or her] decease.

[Take in inventory of estate to be confirmed.]

I, , Esquire, Commissary of the county of , considering that the said A.B. died at on , and had at the time of death his [or her] ordinary or principal domicile in the county of . And seeing that C.D., his [widow or son or daughter, or her son or daughter] has given up, on [F1 declaration] , an inventory of the personal estate and effects of the said A.B., at the time of death, including the proceeds accrued thereon to date of [F1 declaration] , situated in Scotland [England and Ireland as the case may be], amounting in value to , and has [F2 declared] that the whole personal estate and effects of the said A.B. does not exceed in value [F3 £25,000] , which inventory, as before written, has been recorded in my court books, of date , and that has [or have] likewise found caution for acts and intromissions as executor [or executors]. Therefore I, in Her Majesty’s name and authority, decern, make, constitute, ordain, and confirm the said C.D. executor, [or executors] dative qua [relict or next of kin] to the deceased, with full power to to uplift, receive, administer, and dispose of the said personal estate and effects, and grant discharges thereof, if needful to pursue therefor, and generally every other thing concerning the same to do that to the office of executor dative qua is known to belong: Providing always, that shall render just count and reckoning for intromissions therewith, when and where the same shall be legally required. Given under the seal of office of the commissariot of and signed by the clerk of court at , the day of one thousand eight hundred and

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 Words in Sch. B substituted (1.3.1997) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 74(1), Sch. 8 para. 24(3)(a); S.I. 1996/2894, art.3, Sch. (as amended by S.I. 1996/2966, art.2)

F2 Word in Sch. B substituted (1.3.1997) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 74(1), Sch. 8 para. 24(3)(b); S.I. 1996/2894, art. 3, Sch. (as amended by S.I. 1996/2966, art. 2)

F3 Words in Sch. B substituted (1.4.1999) by S.I. 1999/290, art. 2(c)

Commissary Clerk.