S9.2 Minuting

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A deduction of title is required in the writ and is minuted in the following cases:

  • Disp. &c. by uninfeft Executors or Trustees where the deceased was infeft.
  • Disp. &c. by an uninfeft Judicial Factor on an estate.
  • Disp. &c. by an uninfeft Trustee under a Trust Deed for Creditors.
  • Disp. &c. by an uninfeft Trustee on sequestrated estate.

A deduction of title is not minuted in the following cases:

  • Disp. &c. by a Factor or Attorney (but the Factory or Power of Attorney should be narrated in the writ or the testing clause, but if not mentioned the agent should not be phoned).
  • Disp. &c. by a Guardian.
  • Disp. &c. by ex officio Trustees, e.g. Trustees for Meadowbank Bowling Club.
  • Disp. &c. by assumed Executors-nominate or Trustees who are uninfeft where the original infeft Executors-nominate or Trustees are now deceased or have resigned.
  • Disp. &c. by 3 Executors or Trustees, one of whom is infeft and two of whom are uninfeft.
  • Disp. &c. by a new Executor(s)-dative or Trustee(s) appointed by the Court where the former Executor(s)-dative or Trustee(s) were infeft.

Note: in a Notice of Title in favour of assumed Trustees who are uninfeft, the deduction from the infeft Trustees is minuted.

Examples:

MID 21519 (No.259) 08 May. 2000                                        Fi 1150.37  
DISP. by Executors of LORNA SIMONS, formerly 97 Marchmont Road, latterly 55 Falcon Avenue, Edinburgh - TO RONALD ARTHUR SIMONS, 55 Falcon Avenue, Edinburgh, - of westmost house on first flat 55 FALCON AVENUE, EDINBURGH &c., referred to in Disp. to James Shannan, recorded 15 May 1907; which subjects were last vested in said LORNA SIMONS, from whom said Granter acquired right by Confirmation. Dated 3 May 2000.
- Impl of Variation of Will.

MID 33742 (No.321) 07 Jul. 1999                                        Fi 1795.39
DISP. by Executors of JOHN CHARLES JAMES IVES, 11 Darnaway Street, Edinburgh - TO CHRISTOPHER JOHN MAXWELL IVES, 89 Shepherd Circle, Hudson, Quebec Province, Canada and FRANCES ROSEMARY IVES OR MUELLER, Planefield, Duns, equally, - of second flat 11 DARNAWAY STREET, EDINBURGH, referred to in Disp. to John Charles James Ives, recorded 20 Dec. 1946; which subjects were last vested in said John Charles James Ives, from whom said Granters acquired right by Certificate of Confirmation. Dated 16 May and 2 Jul. 1999.
- Impl. of Will.

MID 16687 (No.87) 04 Oct. 2005                                          Fi 750.11
DISP. by ANDREW JAMES JOHNSTON, Sinton Farm House, Leigh Sinton, New Malvern - TO JACQUELINE ANN JOHNSTON, Sinton Farm House aforesaid - of 1/2 pro-indiviso of house 65 FINDHORN PLACE, EDINBURGH, referred to in Disp. to William McLean, recorded 15 May 1919; which subjects were last vested in MARGARET ISOBEL JOHNSTON, 65 Findhorn Place, Edinburgh, from whom said Granter acquired right by Confirmation with Docket endorsed thereon. Dated 22 Sep. 2005.                                                                 
- L F & A.

MID 32552 (No.216) 09 Jul. 1998                                        Fi 1837.23
DISP. by JOHN ARCHIBALD CURRIE BOURHILL, Auchtarn Cottage, Fenton Newmains, Drem, North Berwick - TO KEITH MCCLURE GILLAN and ELAINE GILLAN, Spouses, 15 Corbiehill Grove, Edinburgh, equally and survivor, - of  house 9 CRAIGCROOK PLACE, BLACKHALL, EDINBURGH, referred to in Disp. to Catherine Darling or Gibb and another, recorded 16 May 1907; which subjects were last vested in THOMAS DAVIDSON GIBB 9 Craigcrook Place, Edinburgh, from whom MARION LYNN HALLIDAY, acquired right by Confirmation and docquet endorsed on certificate thereof, and from whom said Granter acquired right by Confirmation and docquet endorsed on Certificate thereof. Dated 1 May 1998.                    
- £70,000.

MID 23801 (No.61) 28 May.1998                                          Fi 1360.8
DISP. by Executors of JESSIE RALSTON, 17 St. Ninians Road, Corstorphine, Edinburgh - TO ELAINE MULVEY, 2 Belgrave Terrace, Corstorphine, Edinburgh, - of  house 17 ST. NINIANS ROAD, CORSTORPHINE, EDINBURGH, referred to in Disp. to Anna Isabella Nicoll Dudgeon or MacMillan, recorded 26 Nov. 1919; (I.) which subjects to extent of 1/2 pro indiviso was last vested in ALEXANDER BEVERIDGE RALSTON, 17 St. Ninians Road, aforesaid, from whom said Granters acquired right by (1.) Confirmation, (2.) docket endorsed thereon and (3.) Confirmation and (II.) subjects regarding remaining 1/2 pro indiviso was last vested in ISABELLA FAIRLIE RALSTON, 17 St. Ninians Road, aforesaid, from whom said Granters acquired right by (1.) Confirmation, (2.) docket endorsed on Certificate of last mentioned Confirmation and (3.) Confirmation. Dated 19 May 1998.                                              
- £175,000.

MID 06821 (No.15) 28 Mar. 2002                                          Fi 296.17
DISP. by Executors of ROGNVALD ST. CLAIR WILSON, 15 Durham Road, Edinburgh, with consent of Beneficiaries, - TO Trustees of ROGNVALD ST. CLAIR WILSON, - of house 15 DURHAM ROAD, PORTOBELLO, EDINBURGH, referred to in Disp. to John McIlvenna, recorded 18 May 1903, containing renunciation of liferent interest in said subjects by LORNA GARDINER and JOHN ARMSTRONG, 75/4 Buccleuch Street, Edinburgh; which subjects were last vested in JOHN BLAIR WILSON, 15 Durham Road, Portobello, Edinburgh, from whom said Granters acquired right by (1) his Will, (2) Confirmation of Executor of said John Blair Wilson, (3) Will of MARGARET FRANCES JANE ROBERTSON OR WILSON, 15 Durham Road, Portobello, Edinburgh, (4) Confirmation of Executor of Executor of said Margaret Frances Jane Robertson or Wilson and (5) Confirmation. Dated 14 and 25 Feb. and 22 Mar. 2002.                                        
- Impl. of Will.

ABN 02159 (No.4) 23 May. 2007                                                      
DISP. by Personal Representatives of CHAIM SAUL KAUFMAN, 162 Whitehall Road, Gateshead, Tyne and Wear - TO LIEBA LEA KAUFMAN (otherwise LEA KAUFMAN), 162 Whitehall Road, aforesaid, - of 1/2 pro indiviso of  shop 35 BROAD STREET, FRASERBURGH, on ground, referred to in Disp. to Alexander James West, recorded 13 Jul. 1928; which subjects were last vested in said Chaim Saul Kaufman, from whom said Representatives acquired right by Letters of Administration. Dated 10 May 2007.                                           
- Transfer under Law of Intestacy in England.

MID 22427 (No.185) 11 May. 2000                                        Fi 1195.44  
DISP. by Executors of ARTHUR WATSON BURNETT, latterly 27 Broomhall Loan, Edinburgh - TO JOHN KENNEDY COLE and DAWN EVELYN COLE, spouses, 165 Carrick Knowe Drive, Edinburgh, equally and survivor, - of ground, with house 27 BROOMHALL LOAN, EDINBURGH, referred to in Feu Disp. to Arthur Watson Burnett, recorded 30 Apr. 2000; which subjects were last vested in NANCY STEELE SCOTT DICKSON OR BURNETT, from whom said Granter acquired right by (I.) Confirmation, (II.) Docquet endorsed thereon in favour of Arthur Watson Burnett and (III.) Confirmation. Dated 25 Apr. 2000.                          
- £91,564.

 

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