Attendant Term - Law Dictionary Search Results
Home Dictionary Name: attendant termAttendant term
Attendant term. Terms for years in real property are created for many purposes, e.g., to furnish money for the payment of debts, to secure rent charges or jointures, to raise portions for younger children, daughters, etc. Now, although the purpose for which the term was originally created has been satisfied or has failed, yet, not being surrendered, it continued to exit, the legal interest remaining in the trustees, to whom it was at its creation limited, or, if deceased, in their personal representatives; but the person entitled to the inheritance then became, according to equitable principle, entitled to the beneficial interest in such term, and the term or was held to be such person's trustee. This beneficial interest was subordinate to and merely attendant upon the higher estate possessed by the owner of the inheritance, and yet completely consolidated with it, following the inheritance in all the various modifications and changes to which it might be subjected by act of law or arr...
Term in gross
Term in gross. A term which would have been attendant on the inheritance if it had been assigned by a purchaser of settled land to a trustee for himself, and while outstanding and not merged it was kept in existence upon an implied trust for the parties entitled according to their estates and interests, Halsb. L.E., title 'Real Property,' etc. See ATTENDANT TERM; OUTSTANDING TERM....
Portion
Portion, property settled or provided in favour of children or their issue. In settlements by deed or will of personal property, portions were and are usually effected by direct trusts in favour of the children or issue, either immediately or after the death of the parent or parents. In regard to realty the usual plan was to settle a long term of years from or out of the real estate upon trust to sell or mortgage the term in order to provide the portions when they became payable. See SATISFIED TERM; ATTENDANT TERM. This term preceded the settlement of the estate in fee or in tail according to the intention of the settlor. This method is still available although the term is not a legal estate and will not affect a purchaser even with notice who takes his title from estate owners who are entitled to sell the estate unaffected by the term, but the trustees entitled to the term may require to have the term secured by a legal mortgage. See Law of Property Act, s. 3 (1) and Settled Land Act,...
Outstanding term
Outstanding term, a term in gross at law, which, in equity, may be made attendant upon the inheritance, either by express declaration or by implication. See the (English) Satisfied Terms Act, 1845, extended by the (English) Law of Property Act, 1925, s. 5, and 1st Sched., Part II., par. (1), to outstanding terms out of leaseholds and vesting the outstanding terms in the immediate reversion; for the law before 1926, see Re Moore and Helm, (1912) 2 Ch 105, and for conditions of sale. [see Law of Property Act, 1925, s. 42 (3)]...
Attendant
Attendant, one who owes a duty or service to another, or depends upon another, Termes de la Ley....
Cesser, Proviso for
Cesser, Proviso for. Where terms for years are raised by settlement, it is usual to introduce a proviso that they shall cease when the trusts end. This proviso generally expresses three events:-(1) the trusts never arising; (2) their becoming unnecessary or incapable of taking effect; (3) the performance of them. See Attendant Term, Sug. V. & P., 14th Edn., 621-3....
Attendance centre
Attendance centre, means a place at which offender aged 21 may be required to attend and be given under supervision appropriate occupation or instruction in pursuance of attendance centre orders. Halsbury's Laws of England, Vol. 5(3), 4th Edn., 2001, Para 1673, Note 5, p. 810....
Tabula in naufragio
Tabula in naufragio [Lat.] (a plank in a shipwreck). See TACKING; ATTENDANT TERM....
Terms
Terms, the periods during which the superior courts at Westminster were open.The legal year consists of four terms: Michaelmas, Hilary, Easter, and Trinity (which see), the year beginning with Michaelmas Term.The commencement and duration of the terms were fixed by 11 Geo. 4 & 1 Wm. 4, c. 70, s. 6, and 1 Wm. 4, c. 3, s. 3. By the first of these enactments Hilary Term began on the 11th and ended on the 31st of January; Easter Term began on the 15th of April and ended on the 8th of May; Trinity Term began on the 22nd of May and ended on the 12th of June; and Michaelmas Term began on the 2nd and ended on the 25th of November. Vacations in the Equity Courts were regulated also by Cons. Ord. V.By the (English) Judicature Act, 1873, s. 26, now repealed, it was provided that the division of the legal year into terms should be abolished so far as relates to the administration of justice. But in all other cases in which, under the law previously existing, the terms into which the legal year is ...
Attends
Attends, means works voluntarily, Halsbury's Laws of England, Vol. 3(1), 4th Edn., Para 491, Note 5, p. 401....
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