Entail Amendment (Scotland) Act 1875

11 Improvement expenditure may be conveyed or bequeathed.

Where any heir of entail in possession of an estate in Scotland, holden by virtue of a tailzie dated prior to the first day of August one thousand eight hundred and forty-eight, shall have executed improvements on such estate, of the nature contemplated by this or any other Entail Act as the case may be, and shall have died after the passing of this Act without having charged the estate with the amount which he is entitled to charge of the sums expended on such improvements, it shall be lawful for any person to whom such heir of entail may have expressly bequeathed, conveyed, or assigned such sums or any part thereof, to make application by summary petition to the court, praying the court after such enquiry as to the court shall seem proper, to find and declare that the sums specified in the petition, or any part thereof have been expended on improvements on the said estate by the deceased heir of entail; and that the petitioner is in right thereof; and to decern and ordain the heir in possession of such entailed estate to execute in favour of the petitioner or of any other person such petitioner may think fit, a bond and disposition in security over the said estate other than the mansion-house, offices, and policies thereof, or over some sufficient portion of the said estate other than as aforesaid, for the amount with which the deceased heir of entail himself might under the provisions of this Act have charged the estate, which bond and disposition in security shall contain all clauses proper to be inserted in bonds and dispositions in security which in virtue of this Act may be granted by an heir of entail in possession for sums expended by himself on improvements on his estate; provided always, that the said sums shall only be deemed to be a debt against the entailed estate and the heirs of entail therein, and shall only bear interest from and after the date of the decree of the court pronounced in such petition.