Bequeath - Law Dictionary Search Results
Home Dictionary Name: bequeathBequeathal
The act of bequeathing bequeathment bequest...
Bequeathment
The act of bequeathing or the state of being bequeathed a bequest...
bequeath
bequeath [Old English becwethan to speak to, address, leave by will, from be- to, about + cwethan to say] : to give by will used esp. of personal property but sometimes of real property ; see also legacy, legatee compare devise ...
Bequeathable
Capable of being bequeathed...
Bequeath
Bequeath [fr. becw'than fr. cw'than, A.S., to say], to leave by will to another. The word is properly applied to personalty only, but in a will avails to transmit real property, as well as the word 'devise,' which is the proper word; and vice versa.Means to speak to, address, leave by will to give by will, used specially of personal property but sometimes of real property, Webster's Dictionary of Law, Indian Edn., p. 49....
Cumulative legacies
Cumulative legacies, legacies so called to distinguish them from egacies which are merely repeated. In the construction of testamentary instruments, the question often arises, whether where a testator has twice bequeathed a legacy to the same person, the legatee is entitled to both, or only one of them; in other words, whether the second legacy must be considered as a mere repetition of the first, or as cumulative, i.e., additional. In determining this question, the intention of the testator, if it appears on the face of the instrument, prevails; but if it does not so appear, the following rules of contruction have been laid down:(I.) If the same specific thing be bequeathed tweice to a legatee, whether by the same instrument or not, he is entitled to one legacy only.(II.) If the legacies be not of a specific thing, but of quantity, e.g., a sum of money--(1) If they are bequeathed by the same instrument, and are of equal amount, the second legacy is nto cumulative, but the legatee is e...
Legacy
Legacy [fr. legatum, Lat.]. A legacy is a gift of personalty by will, and, arising as it does from the mere bounty of the testator, it is postponed to the claims of creditors. There are four kinds of legacies:-(1) General, when it does not amount to a bequest of any particular thing or money, as distinguished from all others of the same kind; as if a testator give A. 50l. or a diamond ring, not referring to any particular diamond ring as distinguished from others. (2) Specific, when it is a bequest of a particular thing, or sum of money, or debt, as distinguished from all others of the same kind, as if a testator give B. 'my diamond ring.' (3) Demonstrative, when it is in its nature a general legacy, but there is a particular fund pointed out to satisfy it, as if a testator bequeath 1,000l. out of his Reduced Bank Three per Cents. And (4) Cumulative, or substitutional, when a testator by the same testamentary instrument, or by different testamentary instruments, has bequeathed more tha...
bequest
bequest : an act of bequeathing ;also : something bequeathed : legacy de·mon·stra·tive bequest [di-mÄ n-strə-tiv-] : a bequest of a particular amount of money or property to be distributed first from one source in the estate and then from other sources to the extent that the first is insufficient general bequest : a bequest that is to be distributed from the general assets of the estate and that is not a particular thing spe·ci·fic bequest [spə-si-fik-] : a bequest of a particular item or part of an estate or that is payable only from a specified source in the estate and not from the general assets ...
Annuity
Annuity, in order to constitute an annuity, the payment to be made periodically should be a fixed or predetermined one, and it should not be liable to any variation depending upon or on any ground relating to the general income of the fund or estate which is charged for such payment, CWT v. P. K. Banerjee, (1981) 1 SCC 63 (75): AIR 1981 SC 401. [Wealth-Tax Act, 1957, s. 2(e)(1)(iv)]It is a right to receive a specified sum and not an aliquot share in the income arising from any fund or property. Ordinarily an annuity is a money payment of a fixed sum annually made and is a charge personally on the grantor, CWT v. Arundhati Balkrishna, (1970) 1 SCC 561 (565): AIR 1971 SC 915. [Wealth Tax Act, 1957, s. 2(e)(iv)]An annuity is a fixed sum payable annually either in perpetuity or for any less period. When charged upon land either freehold or leasehold both, exclusively of purely personal estate, it is strictly a rent charge; see (English) Real Property Limitation Act, 1833 (3 & 4 Will. 4, c....
devisavit vel non
devisavit vel non [New Latin, (whether) he/she bequeaths or not] : a document that sets forth the questions of fact pertinent to the validity of an alleged will and is sent from a court of probate or chancery to a court of law for a jury trial for judgment as to the validity of the will called also devisat vel non ...
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