Disclaim - Law Dictionary Search Results
Home Dictionary Name: disclaimDisclaimer
Disclaimer, a renunciation, or a denial by a tenant of his landlord's title, either by refusing to pay rent, denying any obligation to pay, or by setting up a title in himself or a third person, and this is a distinct ground of forfeiture of the lease or other tenancy, whether of land or tithe. See Vivian v. Moat, (1878) 16 Ch D 730, in which Fry, J., held landlords entitled to eject tenants without notice to quit on a letter disputing the right of the landlords to raise the rent and asserting a right to hold on a quitrent.A devisee in fee may, by deed, without matter of record, disclaim the estate devised, and after such disclaimer has no interest in the estate. An heir-at-law could not disclaim.An executor may, before probate, 'disclaim,' or as it is more properly called, 'renounce,' the executorship, and the executor of an executor may, before probate of the will of his own testator, disclaim to be the executor of the first testator; but he cannot so disclaim after he has proved the...
qualified disclaimer
qualified disclaimer : an irrevocable and absolute refusal to accept a particular interest in the estate of a decedent (as a spouse) that is made in accordance with federal tax requirements and results in favorable tax consequences (as exemption from a gift tax) NOTE: Property disclaimed under a qualified disclaimer is not treated as a gift and is not included in the gross estate of the decedent. Thus property disclaimed by a surviving spouse could pass to his or her children without incurring a gift tax. A disclaiming party cannot, however, direct the disposition of the disclaimed interest and must not have accepted the interest or its benefits (as dividends). ...
disclaimer
disclaimer [Anglo-French desclamer, from desclamer to disavow, deny, from Old French des-, prefix marking reversal + clamer to claim see claim ] 1 : a refusal or disavowal of something that one has a right to claim ;specif : a relinquishment or formal refusal to accept an interest or estate see also qualified disclaimer 2 : a denial of responsibility for a thing or act: as a : a negation or limitation of the rights under a warranty given by a seller to a buyer b : a denial of coverage by an insurance company 3 : a writing that embodies a disclaimer ...
disclaim
disclaim : to make a disclaimer vt 1 : to reject or relinquish a claim to (as an interest in an estate) 2 a : to deny or reject the right, validity, or authority of b : to negate or limit the rights under (a warranty) dis·claim·ant [-klā-mənt] n ...
Recto sur disclaimer
Recto sur disclaimer, an abolished writ on disclaimer....
Disclaimer
One who disclaims disowns or renounces...
Sur Disclaimer, Writ of Right of
Sur Disclaimer, Writ of Right of, abolished by 3 & 4 Wm. 4, c. 27....
Power
Power, in respect of court the word 'power' means an authority expressly or impliedly conferred on the court by law to do that which without that sanction it could not have done, consent cannot give jurisdiction, K.E. v. Vithu, (1899) 1 Bom LR 157.Power, is an authority reserved by, or limited to, a person to dispone, either wholly or partially, of movable or immovable property, either for his own benefit or for that of others. The word is used as a technical term and is distinct from the dominion which a man has over his own estate by virtue of ownership, Stroud's Judicial Dictionary.Power, is not synonymous with jurisdiction, K.E. v. Vithu, (1899) 1 Bom LR 157.Power, may be general or implied. The general powers are such as the donee can exercise in favour of such person or persons as he pleases, including himself, Mahadeo Ramchandra v. Damodar Vishwanath, AIR 1957 Bom 218.Means any form of energy which is not generated by human or animal agency. [The Gujarat Lifts and Escalators Act...
abjure
abjure ab·jured ab·jur·ing [Latin abjurare, from ab- off + jurare to swear] : renounce ;specif : to disclaim formally or renounce upon oath [solemnly s his allegiance to his former country] ab·ju·ra·tion [ab-jə-rā-shən] n ...
franchise
franchise [Anglo-French, literally, freedom, liberty, from Middle French, from franchir to free, from Old French franc free] 1 : a special right or privilege granted by the government to an individual, group, or business entity: as a : a right to conduct a business and esp. to be and to exercise the powers of a corporation b : a right granted to a public utility company to provide services and to use public land for that purpose 2 : a constitutional or statutory right ;esp : the right to vote used with the [restricting them in employment, education, the , legal personality, and public accommodation "W. H. Burns"] 3 : a right or license that is granted to an individual or group to market a company's goods or services in a particular territory under the company's trademark, trade name, or service mark and that often involves the use of rules and procedures designed by the company and services (as advertising) and facilities provided by the company in return for fees, royalties, ...
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