Scottish National Dictionary (1700–)
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First published 1960 (SND Vol. V).
This entry has not been updated since then but may contain minor corrections and revisions.
Quotation dates: 1722-1740, 1838, 1946
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INSTITUTE, n. Sc. Law: the person first named or called in a testament or destination of property, those whose names follow being termed substitutes (see 1838 quot.).Sc. 1722 W. Forbes Institutes I. II. 101:
The Person in Favour of whom Lands are tailzied in the first place, is called The Institute, or first Member of the Tailzie; and those to whom, failing him and his Heirs, they are provided to go, are called Substitutes.Sc. 1740 Kames Decisions (1766) 25:
In dubio, the substitutio vulgaris is understood, which takes not place if the institute survive the testator.Sc. 1838 Bell Dict. Law Scot. 502:
Where a person executing a settlement dispones his lands to A., whom failing to B., etc., A. is the institute, B. and all who follow him in the destination, are heirs, or substitutes, as they are also termed.Sc. 1946 A. D. Gibb Legal Terms 44:
A conditional institute is one substituted to the institute in such terms that if the institute survive the granter he, the conditional institute, could never take. In this he is unlike the substitute.
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"Institute n.". Dictionary of the Scots Language. 2004. Scottish Language Dictionaries Ltd. Accessed 17 Dec 2025 <http://www.dsl.ac.uk/entry/snd/institute>
