Transference

In Scetch law. The proceeding to be taken upon the death of one of the parties to a pending snit, 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, 60.

The transferring of a legacy from the persen to whom it was originally given to another; this is a spectes of ademption, but the latter is the more general term, and includes cases not covered by the former.