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Scottish National Dictionary (1700–)

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About this entry:
First published 1968 (SND Vol. VII).
This entry has not been updated since then but may contain minor corrections and revisions.

Quotation dates: 1711-1754, 1861-1927

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PURIFY, v. Also †peerify (ne.Sc. 1773 Fergusson Poems (S.T.S.) II. 153). Sc. form and usage in Sc. Law: to fulfil or carry out (a condition), bring an agreement or the like into operation, by complying with a proviso in it. Obs. in Eng. in 17th c.Sc. 1711 S.C. Misc. I. 62:
The doctor . . . having now taken the oath to her Majesty, and so purified the condition of the sentence, hath undoubted right and title.
Sc. 1754 Erskine Principles iii. vii. § 9:
Obligations, where the condition is not purified, or the term of payment not come within the seven years.
Sc. 1861 W. Bell Dict. Law Scot. 596:
A conditional obligation, dependent on an event which may never happen, has no obligatory force until the condition be purified.
Sc. 1898 W. K. Morton Manual 181:
Their very existence is dependent upon the condition being fulfilled (technically, purified).
Sc. 1927 Gloag and Henderson Intro. Law Scot. 29:
A condition is termed potestative when it may be purified by an act which one or other of the parties has the power to do. . . . It is a general rule in the construction of wills that if a legacy is given on a condition which is partly potestative, it is held to be purified if the legatee has done all that he could to purify it, though he have failed.

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