Ademption By Satisfaction - Law Dictionary Search Results
Home Dictionary Name: ademption by satisfactionAdemption by satisfaction
Ademption by satisfaction, means an ademption that occurs because the testator, while alive, has already given property to the beneficiary with the intention of rendering the testamentary gift inoperative, Black Law Dictionary, 7th Edn., p. 40....
Satisfaction
Satisfaction, legal compensation; the recompense for an injury done, or the payment of money due and owing. See ACCORD.The giving of something with the intention, express or implied, that it is to extinguish some existing legal or moral obligation, Black's Law Dictionary, 7th Edn., p. 1343.The doctrine of satisfaction of legacies, portions, and debts means the gift of a thing with the intention, either expressed or implied, that it is to be taken either wholly or partly in extinguishment of some prior claim or demand. Of course, it is open to a donor expressly to provide that his subsequent gift shall be a satisfaction of a prior demand, so as to prevent such donee from claiming both. With regard to implied or presumable satisfactions, they have been divided in to the three following classes:-(1) The satisfaction of legacies by portions, otherwise called the ademption of legacies. Upon this subject Lord Eldon laid down in Ex parte Pye, (1811) 18 Ves. 140; 2 W. & T.L.C., that 'where a p...
Ademption
Ademption [fr. adimo, Lat.], revocation; a taking away of a specific legacy, i.e., if a testator, after having given a legacy of this nature by his will, alienate the subject of it during his life, it is an ademption and the legacy is gone. As to charges on specific legacies of personal estate, see s. 35 of the Administration of Estates Act, 1925. See Theobald on Wills. The term is also used to denote the satisfaction of a legacy to a child by the testator subsequently giving the child a portion on his or her marriage. See SATISFACTION.Means the destruction or extinction of a legacy or bequest by reason of a bequeathed asset's ceasing to be part of the estate at the time of the testator's death; a beneficiary's forfeiture of a legacy or bequest that is no longer operative. Also termed extinguishment of legacy, Black Law Dictionary, 7th Edn., p.39...
ademption
ademption [Latin ademptio, from adimere to take away, from ad to + emere to buy, obtain] 1 : the revocation of a gift in a will inferred from the disposal (as by sale) of the property by the maker of the will before he or she dies 2 : the revocation of a gift in a will inferred from the maker's gift before his or her death of the same or similar property to the recipient named in the will compare advancement NOTE: Only gifts that are characterized as specific devises, bequests, or legacies are subject to ademption. ...
Ademption by extinction
Ademption by extinction, means an ademption that occurs because the property specifically described in will is not in the estate at the testator's death, Black Law Dictionary, 7th Edn., p. 40....
Satisfaction of Governor
Satisfaction of Governor, wherever Constitution requires the satisfaction of Governor for exercise of any power or function, the satisfaction required by Constitution is not the personal satisfaction of Governor but the satisfaction in the Constitutional sense under the cabinet system of Government, implying that Governor exercises all his powers and functions by or under the Constitution on the aid and advice of the Council of Ministers, PU Myllai Hlychho v. State of Mizoram, (2005) 2 SCC 12....
satisfaction
satisfaction 1 a : the act or fact of satisfying b : execution of an accord by performance of the substituted obligation often used in the phrase accord and satisfaction compare accord, transaction c : a document indicating that an obligation has been satisfied [a of mortgage] 2 : the quality or state of being satisfied ...
Satisfaction on the Roll, Entry of
Satisfaction on the Roll, Entry of. As soon as a judgment is satisfied, by payment, levy, or otherwise, the defendant is entitled to have satisfaction entered upon the roll, 1 Chit. Arch. Prac., 12th Edn. 721 et seq, and see QUIETUS...
satisfaction piece
satisfaction piece : a formal written acknowledgment by an obligee (as a mortgagee) that an obligation has been satisfied and that the obligor is discharged ...
Proved to the satisfaction of the court
Proved to the satisfaction of the court, are com-prehensive enough and indeed seem to have been intended to empower the court to go into the merits of the allegations set by the party denying or disagreeing with the terms of compromise or agreement, and decide them so that the parties get full justice in the suit in which a decree in terms of the compromise is to be passed. Where the court finds during the course of the inquiry that the alleged agreement or compromise is vitiated by fraud, misrepresentation, etc., it cannot be said legally that an agreement has been arrived at. The agreement contemplated envisages the two parties coming to certain terms voluntarily and of a free will so as to put an end to the litigation pending between them in the court, C.K. Chandrahas Shetty v. Jayaram Sasani, AIR 1970 Mys 209....
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial