Heir General - Law Dictionary Search Results
Mortgage
(English) Real Estate Charges Act, 1867 (30 & 31 Vict. c. 69), provides that in construing wills a general direction to pay debts out of personalty shall not include mortgage debts, unless an intention to that effect … a covenant or bond, or to foreclose in equity. When property is conveyed to a mortgagee and his heirs until out of its rents the loan and interest shall have been received, this is in the nature
Real representative
Act, 1897 [see (English) TRANSFER OF LAND ACTS], the real estate of a deceased person vested in his heir, heiresses, or devisees, and his personal estate in his executors or administrators. The (English) Land Transfer act, 1897, … relating to real estate in favour of the persons entitled.' Real estate over which a person exercises a general power of appointment by his will and an entailed interest disposed of by will under the statutory power
Copyhold
of an estate for years in it. By the custom of some manors, the estate devolves upon the heir on the ancestor's death, and is called a copyhold of inheritance. As far as the quantity and modification … 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
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Annuity
and it should not be liable to any variation depending upon or on any ground relating to the general income of the fund or estate which is charged for such payment, CWT v. P. K. Banerjee, (1981) … not charged on real estate are personal estate if bequeathed or granted before 1926 to A. and his heirs, they were for the purposes of intestate succession but not for any purpose other than descent, considered to
preference
otherwise receive (as under a bankruptcy settlement) called also voidable preference compare antecedent debt at debt, fraudulent conveyance general assignment at assignment NOTE: Preferences can be voided by a bankruptcy trustee because they diminish the bankruptcy estate … preference 1 : the right to prior payment of a debt [with over the creditors of the heirs or legatees "Louisiana Civil Code"] 2 : the transfer of an insolvent debtor's interest in property to a
Wills
the time of his death, notwithstanding that by reason of illegitimacy or otherwise he did not leave an heir or next-of-kin surviving him. The fourth and fifth sections relate to dispositions of copyhold estates, and the sixth … 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
Warranty
a guarantee or security; formerly a promise or covenant by deed by the bargainer, for himself and his heirs, to warrant and secure the bargainee and his heirs against all persons for the enjoying of the thing … practice by 3 & 4 Wm. 4, cc. 27 (s. 39) and 74 (s. 14). See RECOVERY. More generally, a warranty is any agreement either accompanying a transfer of property, or collateral to the contract for such
Uses
19 Hen. 7, c. 15, extended, for the first time, the estate of the cestui que use. In general, however, there was but little difference in the terms 'use' and trust. See OFFICIAL USE; ACTIVE USE; PASSIVE … que use, or notice of his will, would convey the estate to the cestui que use or his heirs, or any other person by his direction; and (3) that if the feoffee to uses had been dispossessed,
Exchange, Deed of
either party died before entry, for, under such cir-cumstances, the parties had no freehold in them, for the heir could not enter and take as a purchaser, because he took under the deed, only by way of … several persons may compose each party. The operative and indispensable verb was 'exchange,' which no longer implies a general warranty or right of re-entry [(English) L.P. Act, 1925, s. 59, replacing Real Property Act, 1845 (8 &
Gavelkind
a person die seised in tail of lands held in gavelkind, all his sons shall inherit together as heirs of his body. Since the 1st January, 1834, the half blood inherit, for the (English) Inheritance Act, 1833 … the word to 'gave all kinde' 'for the custom giveth to all sonnes alike,' which, until then, was generally received, Co. Litt., 140 a. Gavelkind land descended in the right line to all the sons equally, being
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