Descent - Law Dictionary Search Results
Home Dictionary Name: descentRiens per descent
Riens per descent (nothing by descent), the plea of an heir where he was sued for his ancestor's debts, and had no land from him by descent or assets in his hands, 3 Cro. 151. See now STATEMENT OF DEFENCE....
Descent
Descent, one of the two chief methods of acquiring an estate in lands before 1926. It is defined in the interpretation clause of the Inheritance Act, 1833 (3 & 4 Wm. 4, c. 106), as 'the title to inherit lands by reason of consanguinity, as well where the heir shall be an ancestor or collateral relation as where he shall be a child or other issue.'-Consult Watkins on Descents; Sugden's R. P. Stats., ch. iv. See INHERITANCE....
Lineal descent
Lineal descent, the descent of an estate from ancestor to heir in a right line....
descent
descent : transmission or devolution of the estate of a person who has died without a valid will compare distribution ...
Descent Cast
Descent Cast, the devolving of realty upon the heir on the death before 1926 of his ancestor intestate....
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...
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...
worthier title
worthier title often cap W&T : a common-law doctrine providing that an heir receiving a devise of an estate that is the same as the estate he or she would receive by descent if the grantor died without a will receives the property by descent rather than by devise since descent has been thought to convey a better title NOTE: The doctrine of worthier title today is usually considered in light of its implication for inter vivos transfers (that is, transfers made between living persons) to an heir. When a grantor makes an inter vivos conveyance of property followed by a future estate to his or her heirs, the conveyance is deemed to create a reversion in the grantor rather than a remainder, so that the heirs take by descent and receive a superior title than that which would have been received through the remainder. ...
Gavelkind
Gavelkind. A mode or rule of descent by custom abolished by the Administration of Estates Act, 1925, s. 45(1)(a), in the case of all deaths after 1925 except in regard to entailed estates, and descent from a person of unsound mind, as provided by s. 51 (ibid.), and see (English) L.P. Act, 1922, 12th Sched. (1)(d), and Re Price, 1928 Ch 579. The word is derived from the Saxon word 'gafol,' or, as it is otherwise written, 'gavel,' which signifies 'rent' or a 'customary performance of husbandry works'; accordingly the land which yielded this kind of service, in contradistinction to knight-service land, was called 'GAVELKIND' that is 'land of the kind that yields rent.' Lambarde (Perambulations of Kent, Edn. 1656, p. 585) first advanced and promulgated this supposition, which does not seem to be sufficiently comprehensive since 'gavelkind' does not necessarily denote land subject to rent, in opposition to the opinion of Lord Coke, who traced the word to 'gave all kinde' 'for the custom giv...
Lineal descendant
Lineal descendant, Lineal descendant would mean the offspring of lawful marriage and not offspring of union which is not that of husband and wife. The plain meaning of lineal descendant is one who is in the blood stream of the ancestral such as child or grandchild of the remotest degree. There cannot be any other meaning of this word, Sunderlal Chourasiya v. Jejila Chourasiya, AIR 2004 MP 138. [see Hindu Succession Act 30 of 1956, s. 8; Succession Act 39 of 1925, ss. 107, 109]The term 'lineal descendants' is not restricted to male descendants. But is wide enough to include all descendants, male and female, Bhimnath Missir v. Sm. Tara Dai, AIR 1929 PC 162.The terms 'lineal consanguinity' and 'lineal descent' have been defined in Whartoris Law Lenicon, 14th Edn., Second India Reprint 1994 as: 'Lineal Consanguinity, that relationship which subsists between persons descended in a right line, as grandfather, father, son, grandson. Lineal Descent, the descent of an estate from ancestor to he...
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