mortancestry Scots Law.
(mɔːˈtænsɪstrɪ)
Corrupt Sc. form of mort d'ancestor. Chiefly in brieve of mortancestry, which corresponds to the Eng. ‘writ of assize of mort d'ancestor’.
| 1609 Skene Reg. Maj. 58 Qvhen ane man deceisses saised in frie tenement, swa that he is vest and saised therein in propertie, and as of fie: his heire may seik saising thereof: and gif he be of perfite age, he sall haue the brieve of mortancestrie. 1678 Sir G. Mackenzie Crim. Laws Scot. ii. xv. §ii. (1699) 212 They were Judges to Recognitions, Brieves of Mortancestrie [etc.]. a 1768 Erskine Inst. Law Scot. iii. viii. §62 (1773) 576 Though the brief of inquest sometimes gets the name of the brief of mortancestry..these two were originally distinct. 1746–7 Act 20 Geo. II, c. 50 §3 Upon the brief of mortancestry of any heir or heirs. 1838 W. Bell Dict. Law Scot. 659 The brieve of mortancestry was used for calling into court those in possession of the ancestor's property, for trying the title under which they possessed. |