Bequest - Law Dictionary Search Results
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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 ...
general bequest
general bequest see bequest ...
specific bequest
specific bequest see bequest ...
demonstrative bequest
demonstrative bequest see bequest ...
Bequest
The act of bequeathing or leaving by will as a bequest of property by A to B...
Bequest
Bequest, a gift of personal property by will; a legacy....
Executory devise
Executory devise. Mr. Fearne (Cont. Rem. 386) defines an executory devise to be, strictly, such a limitation of a future estate or interest in lands or chattels (though, in the case of chattels personal, it is more properly an executory bequest) as the law admits in the case of a will, though contrary to the rules of limitation in conveyances at Common Law. It is only an indulgence allowed to a man's last will and testament, where otherwise the words of the will would be void; for wherever a future interest is so limited by devise as to operate as a contingent remainder, such an interest is not an executory devise, but a contingent remainder.Executory Devises have been divided into three kinds, two relative to real, and the third to personal estate only, viz.:-(1) Where a testator devises his whole fee-simple, but upon some contingency qualifies such devise, and limits an estate on the contingency; e.g., a devise of land to the testator's wife for life, remainder to C., his second son ...
Restraint of marriage
Restraint of marriage. On the ground of public policy, conditions attached to gifts or bequests to a person who has never been married, if in general restraint of marriage, are void, i.e., the donee or legatee takes the gift or bequest whether he or she marry or not; but a condition in restraint of the second marriage, whether of a man or woman, is not void, see Allen v. Jackson, (1875) 1 Ch D 399, and a condition is good if the restraint be partial only, e.g., if there be a bequest, with a gift over if the legatee should marry a particular person, or without a particular person's consent. Consult Theobald on Wills.A condition (esp. in a gift or bequest, that nullifies the grant to which it applies of the grantee marries or remarries, Black's Law Dictionary, 7th Edn., p. 1316....
Wills
Wills. A will is the valid disposition by a living person, to take effect after his death, of his disposable property. ''But in law ultima voluntas in scriptis is used, where lands or tenements are devised, and testamentum, when it concerneth chattels': Co. Litt. 111 a.Depository of Will of Living Person.-By the (English) Jud. Act, 1925, s. 172, replacing s. 91 of the Court of Probate Act, 1857:-There shall, under the control and direction of the High Court, be provided safe and convenient depositories for the custody of the wills of living persons, and any person may deposit his will therein.And see (English) Administration of Justice Act, 1928 (18 & 19 Geo. 5, c. 26), s. 11, as to deposit of wills under control of the High Court.Law before 1838.-The right of testamentary aliena-tion of lands is a matter depending on Act of Parliament. Before 32 Hen. 8, c. 1, a will could not be made of land, and before the Statute of Frauds a will (see NUNCUPATIVE WILL) could be made by word of mouth...
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...
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