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Scottish National Dictionary (1700–)

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First published 1965 (SND Vol. VI).
This entry has not been updated since then but may contain minor corrections and revisions.

MOVEABLE, adj., n. Sc. Law:

I. adj. Applied to that form of property which is not Heritable and therefore passes down to the next of kin of the deceased instead of to the heir-at-law (Sc. 1946 A. D. Gibb Legal Terms 57), being for the most part moveable in its nature.Sc. 1722 W. Forbes Institutes iii. ii. § 1:
Moveables, or moveable and personal Rights, are those that pass by Succession, to the Owner's Executors, if not disposed of by him in his Life.
Sc. 1838 W. Bell Dict. Law Scot. 467:
Heritable and moveable: Things, in their nature heritable, may become moveable by being made part of a moveable universitas. Thus, a share of heritable subjects, forming part of the stock of a trading company is moveable.
Sc. 1896 W. K. Morton Manual Law Scot. 74:
The more perishable estate, termed moveable from its own nature, passed to the next of kin. . . . Everything not falling under the description of heritable is moveable.
Sc. 1927 Gloag & Henderson Intro. Law Scot. 451:
In a question as to the incidence of a debt as between the heritable and the moveable estate, only moveable debts may be deducted.
Sc. 1962 Parliament Ho. Bk. II. H 52:
If the Person die, leaving Wife and child or children, his Moveable Estate is divided in the following proportions: — one-third to wife remaining two thirds to child or among children equally.

II. n. In pl.: moveable property, as opposed to Heritable.Sc. 1724 Rec. Conv. Burghs (1885) 341:
Under pain of confiscation of their whole moveables.
Sc. 1773 Erskine Institute ii. ii. § 18:
Heritable subjects, or those which descend to the heir, may be attached at the suit of creditors by inhibition and adjudication only; whereas the proper diligences for securing or recovering moveables are arrestment and poinding.
Sc. 1933 Encycl. Laws Scot. XV. 615:
The law of intestate succession in moveable differs from the succession of heirs in that all those who are related in the same degree to the deceased share equally in the estate.

[In this sense a translation of Lat. mobilis, mobilia bona, moveable goods. O.Sc. movablis, adj. pl., 1426, n. 1445.]

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"Moveable adj.". Dictionary of the Scots Language. 2004. Scottish Language Dictionaries Ltd. Accessed 25 Apr 2024 <http://www.dsl.ac.uk/entry/snd/moveable>

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