What is TRANSFERENCE?

In Scotch law. The proceeding to be taken upon the death of one of the parties to a pending suit, whereby the action is transferred or continued, in its then condition, from the decedent to his representatives. Transference is either active or passive; the former, when it is the pursuer (plaintiff) who dies; the latter, upon the death of the defender. Ersk. Inst. 4, 1, 00. The transferring of a legacy from the person to whom it was originally given to an- other; this is a species of ademption, but the latter is the more general term, and in- cludes cases not covered by the former.

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