§ On Motion that this Bill be now read the Second Time,
LORD CAMPBELLsaid, he hoped that a few observations would be sufficient to induce their Lordships to assent to the second reading of this Bill, the object of which was to assimilate the law of Scotland, as regarded succession to personal property in case of intestacy to the law of England. By the law of England, if a man died leaving several children, and another child had before married and died leaving children, those grandchildren were entitled to the share of the grandfather's personal property which the father would 591 have had if he had survived; but the law of Scotland worked a great injustic in such a case; for if a father died in the lifetime of the grandfather leaving children, they were not entitled to any portion of their grandfather's property, but it was all divided amongst the survivors of his sons and daughters. It was now proposed that that which was the law of England should in future be the law of Scotland also. Some years ago a Bill to remedy this injustice had passed their Lordships' House, but was lost in the Commons, but the present Bill had received the sanction of the House of Commons. There was one point of difference between the two laws wherein he thought that of Scotland had the advantage. In England, if a man died intestate, leaving a large landed estate and personalty, the eldest son was entitled to the whole landed estate, and might also draw his share of the personalty; but in such a case in Scotland the heir had no claim on the personalty, unless he agreed to contribute the real estate, and let all the children share it alike. He begged to move the second reading of the Bill.
§ Bill read 2a, and committed to a Committee of the whole House on Friday next.