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Scottish National Dictionary (1700–)

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

PROVISION, n. Also proveesion (Sc. 1893 Stevenson Catriona xv.). Sc. form and usage in Sc. Law comb. heir of provision, one who receives his heritage by bequest and not by right of birth, “one who succeeds in virtue of express provisions as in a settlement” (Sc. 1946 A. D. Gibb Legal Terms 40).Sc. 1722 W. Forbes Institute I. iii. 91:
Obligements, in favour of Heirs of Tailzie or Provision, are always effectual against the Heir of Line.
Sc. 1754 Erskine Principles iii. viii. § 8:
The appellation of tailzie, or entail, is chiefly used in the case of a land-estate, which is settled on a long series of heirs, substituted one after another; whereas heirs pointed out in contracts of marriage, or in bonds containing clauses of substitution, are more commonly called heirs of provision.
Sc. 1815 Scott Guy M. 1.:
Heir of tailzie and provision to the estate of Ellangowan.
Sc. 1896 W. K. Morton Manual 407:
The Settlor of the property, whether by testament or inter vivos deed, has provided that it shall descend to a certain series of heirs in succession, such heirs being termed “heirs of provision”, because they succeed not by law but provisione hominis, or “heirs of entail or tailzie,” from tailler, to cut, because the legal line of succession is cut off in their favour.

[O.Sc. air of provisioun, 1626.]

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"Provision n.". Dictionary of the Scots Language. 2004. Scottish Language Dictionaries Ltd. Accessed 25 Nov 2024 <http://www.dsl.ac.uk/entry/snd/provision>

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