Substitutes

In Scotch law. Where an estate is settled on a long series of heirs, substituted one after another, in tailzie, the person first called in the tailzies is the institute; the rest the heirs of tailzie, or the SUBSTITUTIO {Tjat. iraxa mbatituere, to substitute). A putting of one person in the place of another. In the Civil Law. The appointment of one person as heir in place of another, in the event of the first not taking the inheritance. As, si ille haeres non erit, ille haeres esto, if such a one will not be heir, let such a one be heir. Inst. 2. 15. pr. And a testator might appoint one heir after another in this way, to what extent he pleased (m quantum velit testator substituere potest), which was called making several grades of heirs (plures gradus haeredum), the person last named, without further alternative, being termed "necessary heir" (necessarius haeres), or heir at all events. Id. SUBSTITUTIO HAEREDIS (Lat.) In Roman law, it was competent for a testator, after instituting a haeres (called the "haeres institutus"), to substitute another (called the "haeres substitutus") in his place in a certain event. If the event upon which the substitution was to take effect was the refusal of the instituted heir to accept the inheritance at all, then the substitution was called "vulgaris" (or common); but if the event was the death of the infant (pupillus) after acceptance, and before attaining his majority (of fourteen years if a male, and of twelve years if a female), then the substitution was called "pupil Ums" (or for minors). Brown. SUBSTITUTION (Lat. substitutio).

In civil law. The putting of one person in the place of another, so that he may, in default of ability in the former, or after him, have the benefit of a devise or legacy. Direct substitution is merely the institution of a second legatee in case the first should be either incapable or unwilling to accept the legacy; for example, if a testator should give to A. his estate, but provides that, in case he cannot legally receive it, or he willfully refuses it, it shall go to B. Fidei commissary substitution is that which takes place when the person substituted is not to receive the legacy until after the first legatee, and, consequently, must receive the thing bequeathed from the hands of the latter; for example, I institute A. my heir, and I request that at his death he shall deliver my succession to B. Merlin, Repert.; 5 Toullier, Dr. Civ. 14. See "Subrogation."

tn the Scotch Johns. Ch. R. 409; and in a case law; where an estate is settled on where a bond creditor exacts the a long series of heirs substituted one whole of the debt from one of the after another, in tailzie, the person sureties, that surety is entitled to be first called in the tailzie, is the insti- substituted in his place, and to a tute; the rest, the heirs of tailzie, cession of his rights and securities, or the substitutes. Ersk. Pr. L. as if he were a purchaser, either Scot. 3, 8, 8. See Tatlze,; Insts. against the principal or his co-suretute.: ties. Ib. 413.