Execution Devise - Law Dictionary Search Results
Home Dictionary Name: execution deviseExecutory devise
Executory devise. Mr. Fearne (Cont. Rem. 386) defines an executory devise to be, strictly, such a limitation of a future estate or interest in lands or chattels (though, in the case of chattels personal, it is more properly an executory bequest) as the law admits in the case of a will, though contrary to the rules of limitation in conveyances at Common Law. It is only an indulgence allowed to a man's last will and testament, where otherwise the words of the will would be void; for wherever a future interest is so limited by devise as to operate as a contingent remainder, such an interest is not an executory devise, but a contingent remainder.Executory Devises have been divided into three kinds, two relative to real, and the third to personal estate only, viz.:-(1) Where a testator devises his whole fee-simple, but upon some contingency qualifies such devise, and limits an estate on the contingency; e.g., a devise of land to the testator's wife for life, remainder to C., his second son ...
executory devise
executory devise see devise ...
general devise
general devise see devise ...
residuary devise
residuary devise see devise ...
specific devise
specific devise see devise ...
Devise
Devise [fr. deviser, Fr., to sort into parcels], a gift or disposition by will. The giver is called the devisor or testator, the person to whom it is given the devisee. This word is properly only applied to real property, but, in wills, it may, upon construction, transmit personal property as well as the word bequeath, the proper term-and vice versa. See Hall v. Hall, (1892) 1 Ch 361....
Execution
Execution, the last state of a suit whereby possession is obtained of anything recovered by a judgment. It is styled final process, and is regulated by R.S.C. 1883, Ord. XLII., r. 17, of which allows immediate execution in ordinary cases. See PR'CIPE.The ordinary writs of execution are capia ad satisfaciendum; fieri facias; elegit; and habere facias possessionem. See these titles respectively, especially FIERI FACIAS.As to the protection of vendor or purchaser on a sale under an execution, see Bankruptcy and Deeds of Arrangement Act, 1913, s. 15.As to the writ of capias ad satisfaciendum, see Hulbert v. Cathcart, 1896 AC 470; and it is to be borne in mind that by the (English) Debtors Act, 1869 (32 & 33 Vict. c. 62), imprisonment for debt has been abolished, except as specified in s. 4. See IMPRISONMENT.By (English) R.S.C. 1883, Ord. XLII., r. 17(b), the Court or a judge may, at or after the time of giving judgment or making an order, stay execution until such time as they or he shall ...
Execution of Deeds
Execution of Deeds, the signing, sealing, and delivery of them by the parties, as their own acts and deeds, in the presence of witnesses. By s. 73, L.P. Act, 1925, sealing alone is not sufficient; an individual must sign or mark the deed. Sect. 74, ibid., provides for the execution of deeds by companies and other corporations. See CORPORATION; DEED. As to compulsory executions, s. 47 of the (English) Judicature Act, 1925, replacing the 14th s. of the (English) Judicature Act, 1854, enacts, that when any person fails to comply with a judgment directing him to execute any conveyance, etc., the Court may order that the conveyance, etc., may be executed by such person as the Court may nominate to execute the deed instead, and that such execution shall have the same validity as if the conveyance, etc., had been executed by the party himself.The rule that a purchaser was entitled to have the conveyance executed in his presence is abrogated by (English) L.P. Act, 1925, s. 75, replacing the (E...
executive
executive 1 : of or relating to the execution or carrying out of laws [serving a warrant is an function] ;esp : belonging to the branch of government that is charged with such powers as diplomatic representation, overseeing the execution of laws, and appointment of officials see also administrative Article II of the Constitution in the back matter compare judicial, legislative 2 a : of or relating to execution b : having administrative or managerial responsibility [an director] 3 : of, relating to, or issued by an executive [an pardon] n 1 a : the executive branch of a government compare judiciary, legislature b : the person or persons making up that branch see also governor, mayor, president 2 : a person who exercises administrative or managerial control ...
Speedy execution
Speedy execution. A plaintiff having obtained a verdict in a cause was not entitled to issue execution until fourteen days, unless a judge should order execution to issue at an earlier period, which was called 'speedy execution.'-C.L.P. Act, 1852, s. 120, and H.T. 1853, r. 57. Under the Jud. Acts, immediate execution is the rule. See EXECUTION....
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