xmlns:atom="http://www.w3.org/2005/Atom"
Rule 3(1)
1. The late [CD] (design) died intestate at (place) on or about (date) vest and seised in [or in a share (eg one-half pro indiviso) of] ALL AND WHOLE
the subjects forming (insert short description sufficient to identify subjects for purposes of publication) in the County of (insert name of county) [or in the Burgh of (insert name of burgh) and County of (insert name of county)], now in the Sheriffdom of (insert name of sheriffdom) described in the Disposition by [G] in favour of [H], dated (date) and recorded in the Division of the General Register of Sasines for the County of (insert name of county) on (date),
[or if [CD's] infeftment contained a particular description:– the subjects forming (describe as above) described in the Disposition in favour of the said [CD] after mentioned,]
[or describe the subjects particularly,]
conform to Disposition by [S] in favour of the said [CD], dated (date) and, along with warrant of registration thereon on behalf of the said [CD], recorded in the said Division of the General Register of Sasines [or in the Division of the General Register of Sasines for the County of (insert name of county)] on (date) [or otherwise specify [CD's] infeftment]; but always with and under the burdens and others in (specify burdens writs).
2. [CD] never had a son.
3. [EF] (design) and [GH] (design) were the only daughters ever born to [CD].
4. [EF] predeceased [CD], having died on or about (date).
5. The petitioner is the eldest son ever born to [EF], and is accordingly one of the two nearest lawful heirs portioners to [CD], and as such heir in special to [CD] in one-half pro indiviso share of the subjects.
6. On [CD's] death he was succeeded by [GH] as his other heir portioner and therefore as such heir in the other half pro indiviso share of the subjects.
7. [GH] died on or about (date) unserved and uninfeft and having only a personal right to the half pro indiviso share of the subjects to which she was heir.
8. [GH] conveyed her whole estate heritable and moveable to her husband [JK] (design), by her will dated (date) and registered (specify place and date of registration). An extract is produced herewith.
9. [JK] survived [GH] but died on or about (date) never having been infeft in the half pro indiviso share of the said subjects of which [GH] was heir.
10. [JK] conveyed his whole estate heritable and moveable to the petitioner by his will dated (date) and registered (specify place and date of registration). An extract is produced herewith.
MAY IT THEREFORE please your Lordship (1) to serve the petitioner nearest lawful heir portioner to [CD] and as such heir in special to [CD] in one-half pro indiviso share of the subjects specified above; and (2) to find the facts above set forth proved, and that the petitioner is entitled in terms of section 10 of the Conveyancing (Scotland) Act 1874, to procure himself infeft in the other one-half pro indiviso share of the subjects.
(Signed)
[AB] Petitioner
[or [XY] Agent for petitioner (designation and business address)]