Escheat - Law Dictionary Search Results
Home Dictionary Name: escheat Page: 3 Page 3 of about 58 results (0.002 seconds)Privies
Privies, those who are partakers or have an interest in any action or thing, or any relation to another. They have been said to be of six kinds:-(1) Privies in blood, such as the heir to his ancestor, or between coparceners.(2) Privies in representation, as executors or administrators to their deceased testator or intestate.(3) Privies in estate, as grantor and grantee, lessor and lessee, assignor and assignee, etc.(4) Privities, in respect of contract, are personal privities, and extend only to the persons of the lessor and lessee, or the parties to the contract or assignees upon a fresh contract or novation with the assignee.(5) Privies, in respect of estate and contract together, as where the lessee assigns his interest, but the contract between lessor and lessee continues, the lessor not having accepted the assignee in substitution.(6) Privies in law, as the lord by escheat, a tenant by the courtesy, or in dower, the incumbent of a benefice, a husband suing or defending in right of...
Per and post
Per and post. To come in in the per is to claim by or through the person last entitled to an estate, as the heirs or assigns of the grantee: to come in the post is to claim by a paramount and prior title, as the lord by escheat. See Co. Litt. 271 b, Harg., n. (1), II....
Intestates Estates Act, 1884 (English)
Intestates Estates Act, 1884 (English) (47 & 48 Vict. c. 71), ss. 2 and 3, whereby administration for the Crown of the personal estate of an intestate is conducted on similar principles to those of an ordinary administration. The sections have been reproduced and amended by ss. 30 and 57, A.E. Act, 1925. The other provisions of the Intestates Estates Act,1884 (except s. 55), have been repealed by the A.E. Act, 1935. By the repealed s.s, when a person died intestate and without an heir, his estate, legal or equitable, in any incorporeal hereditament, and any equitable estate in any corporeal hereditament, escheated to the Crown. Provision was also made for the waiver of the rights of the Crown in certain cases. See ESCHEAT....
O. Ni
O. Ni. It was the course of the Exchequer, as soon as a sheriff or escheat or entered into his account for issues, amerciaments, etc., to mark upon his head O. Ni which denoted oneratur, nisi habeat sufficiente exonerationem, and presently he became the king's debtor, and a debet was set upon his head; where-upon the parties paravaile became debtors to the sheriff or escheator, and discharged against the king, 4 Inst. 116....
Manor
Manor [fr. manerium, Lat.; manoir, Fr., habitation, or manendo, of abiding there, because the lord usually resided there], an estate in fee-simple in a tract of land granted by the sovereign to a subject (usually of power and consequence) in consideration of certain services to be performed. The tenementales were granted out; the dominicales (whence the ter demesne) were reserved to the lord; the barren lands which remained formed the 'wastes'; the whole fee was termed a lordship or barony; and the Court appendant to the manor the Court baron. Every manor (with some doubtful and unimportant exceptions) is of a date prior to the statute of Quia Emptores (18 Edw. 1, c. 1).'A manor,' says Mr. Joshua Williams, 'was made by the owner of an estate in fee carving out other estates in fee to be held by other freeholders as his tenants. A manor consists of demesnes and services: of demesnes, that is, of lands of which the freeholder, now become lord of a manor, is seised in his demesne as of fe...
Obreption
Obreption, means the obtaining of a gift or dispensation from a sovereign or ecclesiastical authority by fraud, Black's Law Dictionary, 7th Edn., p. 1104.Obreption, obtaining gift of escheat by false suggestion, Bell's Scots Law Dict...
Intestate
Intestate, one who has left no will. In regard to all the deaths before 1925, if he left no heir, his real property escheated (see ESCHEAT) to the Crown or lord of the manor, and his personal property was administered by a nominee of the Crown for the benefit of the Crown. The (English) A.E. Act, 1925, s. 51, abolished the old rules of descent, and the intestate estates of persons dying after 1925 are, with some exceptions, administered and distributed according to the provisions of that Act. See DISTRIBUTION and ADMINISTRATOR; WIDOW.Swinburne, Godolphin, and others of the early writers on the subject apply the term to one who dies leaving a will, but not appointing an executor; the term testament being formerly applied only to a will which appointed an executor. See Swinburne, pt. 1, s. 1; and 1 Williams on Executors.A person is deemed to die intestate in respect of property of which he or she has not made a testamentary disposition capable of taking effect. [Hindu Succession Act, 195...
Abandonee
Abandonee, one to whom anything is relinquished.The expression 'abandoned property' or to use the more familiar term 'bona vacantia' comprises properties of two different kinds, those which come in by escheat and those over which no one has a claim, Bombay Dyeing and Mfg. Co. Ltd. v. State of Bombay, AIR 1958 SC 328 (339): 1958 SCR 1122. [Bombay Labour Welfare Fund Act (40 of 1953) s. 3(1) & 2(b)]...
Inquest of Office
Inquest of Office, an inquiry made by the king's officer, his sheriff, coroner, or escheat or, virtute officii, or by writ sent to them for that purpose, or by commissioners specially appointed, concerning any matter that entitles the king to the possession of lands or tenements, goods or chattels. See Hubback on Succession, p. 80; and ESCHEATS....
Caducary
Relating to escheat forfeiture or confiscation...
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