Escheator - Law Dictionary Search Results
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Tail [fr. tailler, Fr., to prune]. An estate-tail was formerly a freehold of inheritance and is now an equitable interest which may be created after 1925 in respect of personalty as well as realty by way of trust and which (if not barred or disposed of by will after 1925) will devolve inequity on the person who would have taken realty as heir of the body or as tenant by the curtesy if the Law of Property Act, 1925, had not been passed [s. 130 (4) (ibid.)]The limitation of an estate so that it can be inherited only by the fee owner's issue or class of issue, Black's Law dictionary 7th Edn., p. 1466.An estate-tail in land now constitutes a settlement. [(English) Settled Land Act, 1925, s. 1]With this and other statutory modifications under the (English) Law of Property Act, 1925, the rules relating to this form of estate are still applicable (a) in the investigation of all titles to land in existence on the 31st December, 1925; (b) in the construction of equitable interests into which th...
Hereditary revenues
Hereditary revenues. Crown Lands, escheats (see that title), and certain small branches, such as Post Office Profits, enumerated in 1 Anne, c. 1. The Civil List Act, 1910 (10 Edw. 7 & 1 Geo. 5), in substitution for the Civil List Act, 1901, directed (in effect) that the hereditary revenues which were directed by s. 2 of the Civil List Act, 1837, to be made part of the Consolidated Fund, with the addition of the Osborne Estate under the Osborne Estate Act, 1902, were during that reign and for six months afterwards to be 'paid into the Exchequer, and made part of the Consolidated Fund.'Sect. 2 of the Act of 1837 directed the produce of all the heritous rates, duties, payments, and revenues in England, Scotland, and Ireland respectively, and also the small branches of the hereditary revenues and the produce of the hereditary casual revenues arising from any droits of Admiralty or droits of the Crown, and from the surplus revenues of Gibraltar, or any other possession of her Majesty Queen ...
Homagio respectuando
Homagio respectuando (respecting of homage), a writ to the escheat or commanding him to deliver seisin of lands to the heir of the king's tenants, notwithstanding his homage not done, Fitz. N.B. 269....
Civil death
Civil death. A man is said to be civilly dead (civiliter mortuus) when he has been attainted of treason or felony, and, in former times, when he adjured the realm or went into a monastery. The (English) Forfeiture Act, 1870 (33 & 34 Vict. c. 23), provides that after the passing of that Act no confession, verdict, inquest, conviction, or judgment of or for any treason or felony, or felo de se, shall cause any attainder or corruption of blood, or any forfeiture or escheat.At common law, the loss of rights. Such as the rights to vote, make contracts, inherit, hold public office and sue, Black's Law Dictionary, 7th Edn.Civil death, where a property-owner has not been heard of for more than seven years and is therefore treated as having died a civil death, Sheo Nand v. Deputy Director of Consolidation, Allahabad, (2000) 3 SCC 103....
Felo de se
Felo de se (a felon with respect to himself); one who feloniously commits suicide. The barbarous mode of burying such persons, in a place where four roads met, with a stake driven through their bodies, was abolished by 4 Geo. 4, c. 52, which directed burial in the churchyard or other burial ground (without divine service) between the hours of nine and twelve at night. The (English) Interments (Felo de se) Act, 1882 (45 & 46 Vict. c. 19), repealed and re-enacted the above Act, omitting the provisions as to the hours of burial, and allowing, by permission of the ordinary, a religious service, the Prayer Book expressly forbidding the use of the Burial Service therein contained in the case of those who die 'laying violent hands on themselves,' Escheat or forfeiture for felony is abolished by the (English) Forfeiture Act, 1870 (33 & 34 Vict. c. 23). A coroner's inquest (see CORONER) must beheld in every case of suicide, and in the absence of evidence of unsoundness of mind a verdict of felo...
Excheat
Excheat. See ESCHEAT....
Equitable estates and interests
Equitable estates and interests, Rights relating to property of which the legal ownership is vested in another person, or in the equitable owner himself in another capacity. The rights arise whenever a person obtains a title to have the property or an estate or interest in it vested in himself, e.g., by contract or by any conveyance or assignment which does not by law transfer or vest the legal estate or ownership in the transferee, by mortgage or charge, and whenever a trust arises, either express, constructive, implied or by operation of law. In theory the legal owner alone was entitled, both in law and equity, to the property, and he alone was responsible for the obligations and incidents attaching to the property, the beneficial owner merely having a personal right inequity to force the legal owner to carry out his obligation or trust, but the rights and obligations of beneficial ownership became recognized and affected by statute. The Statute of Uses turned the beneficial right or...
Corruption of blood
Corruption of blood (now abolished), one of the immediate consequences of attainder for treason or felony. The blood of the attainted person was said to be corrupted or attainted both upwards and down wards, so that he could neither in her it lands nor hereditaments, retain the possession of those in his possession, nor transmit them by descent to any heir, but the same escheated to the lord of the fee, subject to the king's superior right of forfeiture, 4 Bl. Com. 388. See ATTAINDER....
Copyhold
Copyhold. Tenure in copyhold has been abolished under the (English) L.P. Acts, 1922 and 1925, and the Amending Acts of 1924 and 1926, but the greater part of the former title on this subject has been retained verbatim in view of the importance of the subject in examining titles. In the previous edition of this work, copyhold was described as a base tenure founded upon immemorial custom and usage; its origin is undiscoverable, but it is said to be the ancient villeinage modified and changed by the commutation of base services into specified rents, either in money or money's worth.A copyhold estate is a parcel of the demesnes of a manor held at the lord's will, and according to the custom of such manor. The tenant may have the same quantities of interest in this tenure as he may enjoy in freeholds, as an estate in fee-simple or (by particular custom) fee-tail, or for life, and he may have only a chattel interest of an estate for years in it. By the custom of some manors, the estate devol...
An, Jour, et waste
An, Jour, et waste, year, day, and waste. A forfeiture of the lands to the Crown incurred by the felony of the tenant, after which time the land escheats to the ord, Termes de la Ley....
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