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Elective Share - Law Dictionary Search Results

Home Dictionary Name: elective share

elective share

elective share : the share (as one third) of an estate set by statute that a widow or widower or sometimes a child is entitled to claim in lieu of any provisions made in a will or in the event of being disinherited unjustifiably called also forced share compare curtesy, dower ...


forced share

forced share : elective share ...


elect

elect 1 : to select by vote for an office, position, or membership 2 : to make a selection of [ed her statutory share over the gift under the will] vi : to choose an elective share [the right of a spouse to against the will] ...


curtesy

curtesy pl: -sies [Anglo-French curteisie, literally, favor, courtesy, originally in the phrase par la corteysie de Engleterre (tenancy) by courtesy of (the law of) England (as opposed to natural right)] : a husband's interest at common law in a life estate upon the death of his wife in the real property that she either solely owned or inherited provided that they bore a child capable of inheriting the property compare dower, elective share ...


defeat

defeat [Anglo-French defait, past participle of defaire to undo, defeat, from Old French deffaire desfaire, from de-, prefix marking reversal of action + faire to do] 1 a : to render null [third parties will an attached but “unperfected” security interest "J. J. White and R. S. Summers"] b : to prevent or undo the effectiveness or establishment of [ jurisdiction] [defendant took stand and ed intoxication defense "National Law Journal"] 2 a : to prevail over b : to thwart the claim of [ creditors] [an intent to the surviving spouse of his…elective share "Tennessee Code Annotated"] defeat n ...


disinherit

disinherit : to prevent deliberately from inheriting something (as by making a will) see also elective share dis·in·her·i·tance [-her-ə-təns] n ...


dower

dower [Anglo-French, from Old French douaire, modification of Medieval Latin dotarium, from Latin dot- dos gift, dowry] : the life estate in a man's real property to which his wife is entitled upon his death under common law and some state statutes compare curtesy, elective share ...


force

force 1 : a cause of motion, activity, or change intervening force : a force that acts after another's negligent act or omission has occurred and that causes injury to another : intervening cause at cause irresistible force : an unforeseeable event esp. that prevents performance of an obligation under a contract : force majeure 2 : a body of persons available for a particular end [the labor ] ;specif : police force usually used with the 3 : violence, compulsion, or constraint exerted upon or against a person or thing constructive force : the use of threats or intimidation for the purpose of gaining control over or preventing resistance from another dead·ly force : force that is intended to cause or that carries a substantial risk of causing death or serious bodily injury compare nondeadly force in this entry NOTE: As a general rule, deadly force may be used without incurring criminal or tort liability when one reasonably believes that one's life or safety is in da...


Advancement

Advancement, promotion; additional price. An advancement clause in a settlement or will is a provision authorizing the trustees, with the consent of the tenant for life, to pay by anticipation a limited portion of the share to which a remainderman will ultimately be entitled for his benefit or advancement in life.In equity the presumption of advancement is an important exception to the doctrine of resulting trusts that a conveyance to a stranger without a consideration is merely a nominal one, and no intention on the face of it of conferring the beneficial interests will result to the grantor. The presumption of advancement generally arises where a person advances money for the purchase of any property or right in the name of another for whom the purchaser is under a legal or even in some cases a moral obligation to provide. It will arise in favour of a wife, legitimate children, and in some cases in regard to persons to whom the purchaser stands in loco parentis, but it has been held ...


cumulative voting

cumulative voting : a system of voting for corporate directors in which each shareholder is entitled to as many votes as he or she has shares times the number of directors to be elected compare straight voting ...


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