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Ancestor - Law Dictionary Search Results

Home Dictionary Name: ancestor

Mort d'Ancestor

Mort d'Ancestor. See ASSISE OF MORT D'ANCESTOR....


ancestor

ancestor 1 a : a person from whom an individual is descended : ascendant b : a person from whom an estate descends compare heir 2 : one that precedes [ in title] ...


Ancestor

Ancestor, one that has gone before in a family 'it differs from precedessor, in that it is applied to a natural person and his progenitors, while the latter is applied also to a corporation, and those who have held offices before those who now fill them, Co. Litt. 78 b....


Assise of mort d' ancestor

Assise of mort d' ancestor, a writ which lay where a person's father, mother, brother, sister, uncle, aunt, etc., died, seised of land, and a stranger abated. Abolished by 3 & 4 Wm. 4, c. 27....


Inheritance

Inheritance, or hereditary succession, is the title whereby a man, on the death of his ancestor, acquires his estate by right of representation as his heir t law.The 'canons of inheritance' are the rules directing the descent of real property throughout the lineal and collateral consanguinity of the owner dying intestate.These rules have been abolished in the case of deaths after January 1st, 1926, with a few exceptions (see HEIR), by the (English) Administration of Estates Act, 1925, s. 51, but they still affect the devolution before 1926 of all titles to estates of inheritance.Inheritance Act.--The Inheritance Act, 1833 (3 & 4 Wm. 4, c. 106), materially altered the old canons of real property descent, but because the Act does not extend to any descent which took place on the death of any person who died before the 1st of January, 1834, it is deemed expedient to give both old and new:-Old Canons.--The old Canons, which obtain in cases of ancestors dying before the 1st of January, 1834...


Family

Family, in relation to a person, includes the ascend-ant and descendant of such person. [Bonded Labour System (Abolition) Act, 1976 (19 of 1976), s. 2(h)]. A group consisting of parents and their children; a group of person connected by blood by affinity, or by law, Black's Law Dictionary, 7th Edn., p. 620.In relation to an occupier, means the individual, the wife or husband, as the case may be, of such individual, and their children, brother or sister of such individual. [Child Labour (Prohibition and Regulation) Act, 1986 (61 of 1986), s. 2 (v)]In relation to an operator, means his wife and dependant children and includes his dependent parents. [Dangerous Machines (Regulation) Act, 1983 (35 of 1983), s. 3 (g)]Means:(i) In the case of a male-subscriber the wife or wives, parents, children, minor brothers, unmarried sisters, deceased son's widow and children and where no parent of the subscriber is alive, a paternal grandparent: Provided that if a subscriber proves that his wife has be...


Full blood and half blood

Full blood and half blood, two persons are said to be related to each of the by full blood when they are descended from a common ancestor by the same wife and by half blood when they are descended from a common ancestor or but by different wives. [Hindu Marriage Act, 1955 (25 of 1955), s. 3 (c)](i) two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife, and by half blood when they are descended from a common ancestor but by different wives;(ii) two persons are said to be related to each other by uterine blood when they are descended from a common ancestress but by different husbands;Explanation.--In this clause 'ancestor' includes the father and 'ancestress' the mother. [Hindu Succession Act, 1956 (30 of 1956), s. 3(e)]...


Coparceners or parceners

Coparceners or parceners. The name given to persons who until 1926 inherited an inheritable estate by virtue of descents from the ancestor which conferred on them all an equal title to it. It arose by act of law only, i.e., by descent, which, in relation to this subject was of two kinds:-(1) Descent by the common law, which took place where an ancestor died intestate, leaving two or more females as his co-heiresses; these, according to the canon of real property inheritance, all took together as coparceners or parceners, the law of primogeniture not obtaining among women in equal relationship to their ancestor: they were, however, deemed to be one heir; and (2) descent by particular custom, as in the case of gavelkind lands, which descended to all the males in equal degree, as the sons, brothers, or uncles of the deceased intestate ancestor; in default of sons, they descended to all the daughters equally.Coparceners had a unity though not an entirety, or necessarily an equality, of int...


Debet et solet

Debet et solet. If a person sued to recover any right, whereof his ancestor was disseised by the tenant or his ancestor, then he uses only the word debet alone in his writ, it is not apt to use solet because his ancestor only was deceased, and the custom discontinued; but if he sued for anything then first denied him, he used debet et solet, by reason that his ancestor before him and he himself usually enjoyed the thing sued for, until the present refusal of the tenant, Reg. Brev. 140; Fitz. N. B. 98....


Shelley's case, Rule in

Shelley's case, Rule in. intimately connected with the quantity of estate which a tenant may hold in realty, is the antique feudal doctrine generally known as the rule in Shelley's Case, which is reported by Lord Coke in 1 Rep. 93 b (23 Eliz.in C.B.), and elaborately examined by Lord Macnaghten in Van Grutten v. Foxwell, 1897 AC 658.The rule has been abolished by the (English) Law of Property Act, 1925, s. 131, in the construction of all instruments coming into operation after 1925; but the rule governs the construction of all instruments which have come into operation before the 1st January, 1926.The rule may be described thus: Where a life free-hold, either legal or equitable in realty (whether of freehold or copyhold tenure), is limited by any assurance to a person, and by the same assurance the inheritance of the same quality, i.e., either legal or equitable, is limited by way of remainder (with or without the interposition of any other estate) to his heirs or the heirs of his body...


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