Escheator - Law Dictionary Search Results
Home Dictionary Name: escheator Page 1 of about 58 results ( seconds)Escheat
Escheat [eschet or echet, formed from the word eschoir or echoir, Fr., to happen], a species of reversion; it is a fruit of seigniory, the Crown or lord of the fee, from whom or from whose ancestor the estate was originally derived, taking it as ultimus h'res upon the failure, natural or legal, of the intestate tenant's family.Escheat to the Crown, the Duchy of Lancaster, the Duke of Cornwall and to mesne lords has been abolished by (English) Administration of Estates Act, 1925, s. 45(1). The right of the Crown to 'bona vacantia' now includes real property under (English) A.E. Act, 1925, s. 46. See BONA VACAN-TIA.The title of the Crown was ascertained by inquiry regulated by rules under the (English) Escheat Procedure Act, 1887 (50 & 51 Vict. c. 53), which repealed, as practically inoperative, the numerous statutes from 29 Edw. 1, by which officers called 'escheators' were authorized to hold such inquiries.If differed from a forfeiture [now abolished for treason or felony by the (Engli...
escheat
escheat [Anglo-French eschete reversion of property, from Old French escheoite accession, inheritance, from feminine past participle of escheoir to fall (to), befall, ultimately from Latin ex- out + cadere to fall] 1 : escheated property 2 : the reversion of property to the state upon the death of the owner when there are no heirs vt : to cause to revert by escheat vi : to revert by escheat es·cheat·able adj ...
Escheator
Escheator [fr. escaetor, Lat.], an officer anciently appointed by the lord treasurer, etc., in every county, to make inquests of titles by escheat, which inquests were to be taken by good and lawful men of the county, impannelled by the sheriff, 4 Inst. 225. See ESCHEAT.A royal officer appointed to assess the value of property escheating to crown, Black's Law Dictionary, 7th Edn., p. 564....
Cheaters or escheators
Cheaters or escheators, were officers appointed to look after the king's escheats, a duty which gave them great opportunities of fraud and oppression, and in consequence many complaints were made of their misconduct. Hence it seems that a cheater came to signify a fraudulent person, and thence the verb to cheat was derived, Wedgw....
Single escheat
Single escheat, when all a person's moveables fall to the Crown, as a casualty, because of his being declared rebel. See FORFEITURE....
Escheatable
Liable to escheat...
Devenerunt
Devenerunt, an obsolete writ, heretofore directed to the escheator on the death of the heir of the king's tenant, under age and in custody, commanding the escheator that, by the oaths of good and lawful men, he inquire what lands and tenements, by the death of the tenant, came to the king, Dyer, 860....
Qu' plura
Qu' plura, a writ which lay where an inquisition had been taken by an escheator of lands, etc., of which a man died seised, and all the land was supposed not to be found by the office or inquisition; it was to inquire of what more lands or tenements the party died seised, Reg. Brev. 293. Rendered useless by 12 Car. 2, c. 24.Means a writ ordering the escheator, when it appeared that not all of a decedent's property had been located, to inquire about any additional lands and tenements the decedent held at the time of death, Black's Law Dictionary, 7th Edn., p. 1253....
Fee-simple
Fee-simple, a freehold estate of inheritance, absolute and unqualified. It stands at the head of estates as the highest in dignity and the most ample in extent; since every other kind of estate is derivable there out, and mergeable therein, for omne majus continet in se minus. It may be enjoyed not only in land, but also in advowsons, commons, estovers, and other hereditaments as well as in personalty, as an annuity or dignity, and also in an upper chamber, though the lower buildings and soil belong to another.Littleton, in his Tenures (1. i., c. 1, s. 1), gives a description of this estate, which appears to have been adopted by every subsequent writer. His language is this:-A person who holds 'in fee-simple is he which hath lands or tenements to hold to him and his heirs for ever. And it is called in Latin feodum simplex, for feodum is the same that inheritance is, and simplex is as much as to say lawful or pure. And so feodum simplex signifies a lawful or pure inheritance. For if a m...
Tenure
Tenure, cannot be equated with 'terms and con-ditions of services' or payment of gravity or pension. Tenure when followed by words of office, means term of office, Punjab University v. Khalsa College, Amritsar, AIR 1971 P&H 479: 1971 Cur LJ 334.Means a right, term, or mode of holding lands or tenements in subordination to a superior; in fendal times, real property was held predominantly as part of a tenure system, Black's Law Dictionary, 7th Edn., p. 1481.Tenure, the mode of holding property. The only tenures in land now existing with a few unimpor-tant exceptions are (1) free and common socage in fee-simple, including enfranchised copyhold, which is subject to paramount incidents; and (2) a term of years absolute (see LAND). The idea of tenure or holding is said to derive from feudalism, which separated the dominium directum (the dominion of the soil), which it placed mediately, or immediately, in the Crown, from the dominium utile (the possessory title), the right to use the profits ...
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