disentail
English
[edit]Etymology
[edit]Verb
[edit]disentail (third-person singular simple present disentails, present participle disentailing, simple past and past participle disentailed)
- (archaic, law) To free from entailment.
- 1883, Oliver & Boyd's new Edinburgh almanac, page 179:
- If the estates of such heir in possession shall be sequestrated for debt incurred after the passing of this Act, the trustee on his estate shall be entitled to apply to the court for authority to disentail the estate, and the court shall proceed as under the former section.
- 1897, John Chisholm, Green's Encyclopaedia of the Law of Scotland - Volume 5, page 30:
- A great advance was made in the relaxations of the fetters of an entail, and a radical change was made in the position of the heir, by the Rutherfurd Act, 1848 (11 & 12 Viet. 3. 36), which first gave the heir in possession power to disentail.
- 1915, The Scots Digest: Digest of All the Cases Decided in the Supreme Courts of Scotland: 1905-1915, page 275:
- In 1907 the heir of entail in possession, born in 1864, presented a petition to disentail, in which he claimed to be entitled to do so without consent of the next heir.
Related terms
[edit]Noun
[edit]disentail
- (law) The act of freeing from entailment.
- 1882, Alexander Montgomerie Bell, Lectures on Conveyancing - Book 74, Volume 2, page 1051:
- A form of the instrument of disentail is appended to the Act of 1848.
- 1883, Oliver & Boyd's new Edinburgh almanac, page 179:
- Where the heir in possession of an entailed estate or the heir-apparent shall, together or separately, have secured by obligation in any marriage-contract prior to the passing of this Act, the descent of such estate upon the issue of the marriage, it shall not be competent for them to apply for or to consent to the disentail of such estate until there shall be a child born of such marriage capable of taking th estate in terms of such contract, and who, by himself or his guardian, shall consent to such disentail, or until such marriage shall be dissolved without such child being born, […]
- 1915, The Scots Digest: Digest of All the Cases Decided in the Supreme Courts of Scotland: 1905-1915, page 275:
- The Lord Ordinary refused to make it a condition of a disentail being granted, that the petitioner arranged with the creditors in right of bond over his interest in the entailed estate to postpone their claim to the bond to be granted for the value of the expectancies of the next heirs.