General Devise - Law Dictionary Search Results
general devise
Matched in: Term general devise
Wills
wholly repealed by s. 2 of the Wills Act, 1837, which does not extend to Scotland, where, as generally in Europe, except in England and Ireland, a man cannot deprive his wife and children of a reasonable … of his disposable property. ''But in law ultima voluntas in scriptis is used, where lands or tenements are devised, and testamentum, when it concerneth chattels': Co. Litt. 111 a. Depository of Will of Living Person.-By the (English)
Copyhold
No copyhold estate can, therefore, be created at the present day. Copyhold customs are divided into two species:'(1) General, which extend to all manors in which there are copyholders, and are warranted by the common law, and … of the freehold by the lord to the husband for then the copyhold is destroyed, or by a devise expressed to be in satisfaction of it. (10) Copyholds, by special custom, are subject to curtesy, and, by
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Joint-tenancy
is void. The maxim is, jus accrescendi pr'fertur ultim' voluntati necnon oneribus. By the Wills Act, 1837, a general devise passes after-acquired property; lands, acquired jure accrescendi, will consequently pass. A curious question some times arose as to
abate
property in the estate that is not specifically given under the will abates first, residuary devises abate second, general devises abate third, and specific devises abate last. … [the legacies abated proportionately] NOTE: A problem arises in estate law when the amount of the bequests and devises made in a will exceeds the assets available in the estate. In such a case, some or all
Cy-pres
it). The principle of this doctrine of construction is, that where a testator hs two objects,one primary or general and the other secondary or particular, which are incompatible, the particular must be sacrificed in order that effect … object, as near as may be to the testator' intention, according to law. Thus, where a testator has devised lands in a manner transgressing the rules of perpetuity and the Court can by giving the estates tail
heir
will used in jurisdictions whose law is based on English common law called also heir at law heir general legal heir compare issue b in the civil law of Louisiana : one who succeeds to the estate … estate of a person by will or esp. by operation of law see also intestacy, unworthy compare ancestor, devisee, legatee, next of kin, successor apparent heir : heir apparent in this entry beneficiary heir in the civil
Terms for years
divest himself of the possession, and the other (the lessee) come into it for a determinate time, are generally sufficient for the purpose. Terms could not be limited in succession or by way of remainder except by … limited in succession or by way of remainder except by way of trust or by will as executory devises and an estate tail could not be limited in a term at all. It vested in the first
Heir
following note has been retained since the word 'heir' will be construed according to its meaning under the general law in force before 1926, in deeds and wills executed after 1925, under which the 'heir' may become … lands, all the sons inherit as parceners, and make but one heir, Co. Litt. 140. (c) Heir by devise or h'res factus. He who is made, by will, the testator's heir or devisee, and has no other
Quorum
Act, 1910, s. 3. The term is derived from the 'justices of the quorum.' See JUSTICES, and the General Index to Chitty's Statutes, tit. 'Quorum.' 'Quorum' denotes the minimum number of members of any body of persons … then it is competent for the committee itself to fix the quorum as part of its power to devise its day-today procedure. Quorum does not apply to bodies doing judicial function. Quorum is fixed for meetings of
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