Executive - Law Dictionary Search Results
Home Dictionary Name: executive Page: 3Executed and execution
Executed and execution, used with reference to instruments, mean 'signed' and 'signature'. [Indian Stamp Act, 1899, s. 2 (12)]...
Executed consideration
Executed consideration, a consideration which is executed before the promise upon which it is founded is made, as where A. bails a man's servant, and the master afterwards promises to indemnify A.; but if a man promise to indemnify A. in the event of his bailing his servant, the consideration is then executory. With respect to an executed consideration, the rule is, that if it were not at the precedent request, express or implied, of the promiser, but a merely voluntary courtesy, it will not suffice to support a promise; therefore, in the first example, the promise would not be binding unless the bailing were at the master's precedent request. See notes to Lampleigh v. Brathwait, (1616), 1 Sm. L.C., and CONSIDERA-TION; CONTACT....
Executed trust
Executed trust, When an estate is conveyed to the use of A. and his heirs, with a simple declaration of trust for B. and his heirs, or the heirs of his body, the trust is perfect; and it is said to be executed, because no further act is necessary to be done by the trustee to raise and give effect to it; because there is no ground for the interference of a Court of Equity to affix a meaning to the words declaratory of the trust which they do not legally import, 1 Sand. Uses and Trusts, 335 and see EQUITABLE ESTATE.As all trusts are executory in this sense, that the trustee is bound to dispose of the estate according to the tenure of his trust, it would be more accurate to substitute the terms 'passive' or 'active' for executed and executory trusts....
Execution of Wills
Execution of Wills. By the (English) Wills Act, 1837 (7 Wm. 4 & 1 Vict. c. 26), s. 9:-No will shall be valid unless it be in writing and executed in manner hereinafter mentioned; (that is to say) it shall be signed at the foot or end thereof by the testator or by some other person in his presence and by his direction, and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation clause shall be necessary.The (English) Wills Act Amendment Act, 1852 (15 & 16 Vict. c. 24), contains most elaborate saving allowances for the position of the signature. Thus, the signature of the testator may be placed 'at, or after, or following, or under, or beside, or opposite to, the end of the will'; 'a blank space may intervene between the concluding word of the will and the signature'; the signature may be 'on a sid...
Step in aid of execution of the decree
Step in aid of execution of the decree, the expression 'step in aid of execution of the decree' not defined in the Limitation Act nor is it capable of a precise or exhaustive definition. It will have to be construed in the light of the facts and circum-stances in each case and the present case is indeed a peculiar one with litigation raised on two fronts; the parties with diametrically opposite avowed objects one (namely, the appellant) to execute and reap the fruit of the foreclosure decree and the other (namely, the respondent, judgment-debtor's son) seeking the assistance of the court to completely nullity the very decree in order to maintain his title to and possession of the suit property, Prem Raj v. Ram Charan, AIR 1974 SC 968: (1974) 3 SCR 494: (1974) 2 SCC 1. (Limitation Act, 1908, Art. 182)...
Executable
Capable of being executed feasible as an executable project...
execute
execute -cut·ed -cut·ing 1 : perform : as a : to carry out fully [includes not only executed violence, but also threatened violence "Louisiana Civil Code"] b : to do what is provided or required by [ a contract] [ a search warrant] c : to deem (a use in property) to confer full seisin in a cestui que use by operation of the Statute of Uses 2 : to perform what is required to give validity to ;esp : to complete (as by signing and delivering) in proper form [ a note] [ a deed] 3 : to put to death in compliance with a judicial death sentence ...
execution
execution 1 : the act or process of executing [witnessed the of the will] 2 : a putting to death as fulfillment of a judicial death sentence 3 : the process of enforcing a judgment (as against a debtor) ;also : a judicial writ (as fieri facias) by which an officer is empowered to carry a judgment into effect see also levy ...
Deemed to have been executed
Deemed to have been executed, that a deed which had been sealed by a corporation aggregate in accordance with that section should be 'deemed to have been executed, Bolton Metropolitan Borough Council v. Torkington, (2004) 2 WLR 426 [Law of Property Act, 1925, s. 74(1)]...
Execution
The act of executing a carrying into effect or to completion performance achievement consummation as the execution of a plan a work etc...
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