Disposable Portion - Law Dictionary Search Results
Home Dictionary Name: disposable portiondisposable portion
disposable portion in the civil law of Louisiana : the portion of a testate succession that may be donated to legatees other than the forced heir compare marital portion ...
legitime
legitime [French, from Latin legitima (pars) the lawful (share)] in the civil law of Louisiana : the portion (as one-fourth) of a testate succession that is reserved for a forced heir called also forced portion compare disposable portion, falcidian portion, marital portion NOTE: The fraction used to calculate the legitime will vary depending on the number of forced heirs. ...
marital portion
marital portion in the civil law of Louisiana : a one-fourth portion that a surviving spouse is entitled to claim from the estate of a spouse who has died rich in comparison to the surviving spouse compare disposable portion, falcidian portion, legitime ...
Execution of Wills
Execution of Wills. By the (English) Wills Act, 1837 (7 Wm. 4 & 1 Vict. c. 26), s. 9:-No will shall be valid unless it be in writing and executed in manner hereinafter mentioned; (that is to say) it shall be signed at the foot or end thereof by the testator or by some other person in his presence and by his direction, and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation clause shall be necessary.The (English) Wills Act Amendment Act, 1852 (15 & 16 Vict. c. 24), contains most elaborate saving allowances for the position of the signature. Thus, the signature of the testator may be placed 'at, or after, or following, or under, or beside, or opposite to, the end of the will'; 'a blank space may intervene between the concluding word of the will and the signature'; the signature may be 'on a sid...
Quartering traitors
Quartering traitors. The judgment for high treason, as prescribed by 54 Geo. 3, c. 146, s. 1, was that the head of the person after death by hanging should be severed from his body, and the body, divided into four quarters, should be disposed of as the sovereign should think fit; but this portion of the Act is repealed by the (English) Forfeiture Act, 1870, s. 31....
disposable income
that portion of income which is available for spending on discretionary purchases for individuals it is usually calculated as total income less taxes National disposable income which is the disposable income of all individuals and businesses is calculated as total national income minus taxes plus transfer payments...
Reversion
Reversion [fr. revertor, Lat.], that portion left of an estate after a grant of a particular portion of it, short of the whole estate, has been made by the owner to another person. it is thus described by Mr. Watkins (Conv. C. 16): 'When a person has interest in lands, and grants a portion of that interest, or in other terms, a less estate than he has in himself, the possession of those lands shall, on the deter-mination of the granted interest or estate, return, or revert to the grantor. This interest is what is called the grantor's reversion, or more properly, his right of reverter, which, however, is deemed an actual estate in the land, bearing the fruits of seigniory. Thus a grant to an estate by the owner of the fee-simple: to A. for life,' leaves in the grantor the reversion in fee-simple, which will commence in possession after the determination of A.'s life-estate; and this is called the particular estate; particular, as carved or sliced out of the larger estate or reversion.'S...
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...
Civil Law
Civil Law, that rule of action which every particular nation, commonwealth, or city has established peculiarly for itself, more properly distinguished by the name of municipal law.The term 'civil law' is now chiefly applied to that which the Romans complied from the laws of nature and nations.The 'Roman Law'and the 'Civil Law' are convertible phrases, meaning the same system of jurisprudence; it is now frequently denominated 'the Roman Civil Law.'The collections of Roman Civil Law, before its reformation in the sixth century of the Christian era by the eastern Emperor Justinian, were the following:--(1) Leges Regi'. These laws were for the most part promulgated by Romulus, Numa Pompilius and Servius Tullius. To Romulus are ascribed the formation of a constitutional government, and the imposition of a fine, instead of death, for crimes; Numa Pompilius composed the laws relating to religion and divine worship, and abated the rigour of subsisting laws; and Servius Tullius, the sixth king,...
Dower
Dower [fr. dos, dotis, Lat., a marriage gift; dotare dower, Fr., endow, to furnish with a marriage portion. Dotarium, M. Lat., dotaire, Prov.; douaire, Fr.; a dowry of marriage provision; douairiere, a widow in possession of her portion, a dowager], the right which a wife has in the third part of the lands and tenements of which her husband dies possessed in fee-simple, fee-tail general, or as heir in special tail, which she holds from and after his decease, in severalty by metes and bounds, for her life, whether she have issue by her husband or not, and of what age soever she may be at her husband's decease, provided she be past the age of nine years.The legal estate in dower (being an estate for life) has been abolished and converted into an equitable interest (ibid.), (English) L.P. Act, 1925, s. 1; it can only arise in respect of deaths after 1925 in case the deceased husband was a lunatic or defective on January 1st, 1925, and died without regaining testamentary capacity or before...
- << Prev.
- Next >>