Procedure taken before the Sheriff of a county or the Sheriff of Chancery in Edinburgh for obtaining a decree declaring an heir to have proved his title to succeed, and which is necessary before he can exercise the full rights of property. Fifteen days' public notice of the application must be given. Any rival claimant may oppose, and any party may carry the case by appeal to the Court of Session, where, if necessary, a trial by jury may be had. General service is service to an ancestor not feudally seised. Special service is service to an ancestor whose feudal title was complete at his death. (See Title to Land, 2, 4.) Service may be either as heir general, heir of provision (devisee), or otherwise, according as the estate happens to be limited.

Source: Kinnear, Digest of House of Lords cases (1865), pg. 362.

There is currently no content classified with this term.

Subscribe to RSS - SERVICE OF HEIRS.