Heriotable - Law Dictionary Search Results
Home Dictionary Name: heriotableHeriot
Heriot [supposed by some to be derived fr. here, Sax., an army, and geat, provision, Willis, 194. Coke derives it fr. here, lord, and geat, beste, i.e., the lord's beste, Co. Litt. 185 b], the right of the lord of a manor to the best beast of the deceased tenant of a manor, which beast may be seized by the lord, although it has never been within the manor, Western v. Bailey, (1897) 1 QB 86; but if a customary freehold tenement is mortgaged, and the mort-gagor being in possession dies, the heriot is not due because he had no legal seisin at the time of his death, Copestake v. Hoper, (1908) 2 Ch 10. Originally a tribute to the lord of the manor of the horse or habiliments of the deceased tenant, in order that the militi' apparatus might continue to be used for national defence by each succeeding tenant.A customary tribute of goods and chattels, payable to lord of the fee on tenant's death, Black's Law Dictionary, 7th Edn., p. 732.The extinction of heriots was first attempted by the (Engl...
Heriotable
Subject to the payment of a heriot...
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...
Farley
Farley, money paid by tenants in lieu of a heriot. It is often applied to the best chattel, as distinguished from heriot, the best beast.Money paid by a tenant in lieu of a chattel, Black's Law Dictionary, 7th Edn., p. 621....
Mortuary
Mortuary, a burial place. Also, a kind of ecclesiastical heriot, being a customary gift claimed by and due to the minister in very many parishes on the death of his parishioners. Like lay heriots, they were originally only voluntary bequests to the church, being intended as a kind of expiation and amends to the clergy for personal tithes and other duties not paid by the deceased in his lifetime. It was usual in ancient times to bring the mortuary to church along with the corpse when it was brought to be buried, and thence it was sometimes called a corpse-present. In the laws of Canute it was called soul-scot or symbolum anim'. See 2 Bl. Com. 425.Mortuaries are limited in amount by the still unrepealed 23 Hen. 8, c. 6, thus: None where deceased died worthless than10 marks; 3s. 4d. where he died worth from 10 marks to 30l. 6s. 8d. where from 30l. to 40l.; and 10s. where exceeding 40l.; but the same Act forbids mortuaries for married, women or children, and prescribes that mortuaries for ...
Heriot
Formerly a payment or tribute of arms or military accouterments or the best beast or chattel due to the lord on the death of a tenant in modern use a customary tribute of goods or chattels to the lord of the fee paid on the decease of a tenant...
Mortuary
A sort of ecclesiastical heriot a customary gift claimed by and due to the minister of a parish on the death of a parishioner It seems to have been originally a voluntary bequest or donation intended to make amends for any failure in the payment of tithes of which the deceased had been guilty...
Anticipation
Anticipation, doing or taking a thing before the appointed time. For anticipation of an invention see PATENTS. A married woman may be restrained by the terms of a will or settlement from aliening, by way of anticipation, property settled to her separate use during coverture. Such a clause absolutely disables her from selling, mortgaging or dealing with the property in anticipation, but it does not apply to income actually accrued due, Hood Barrs v. Heriot, 1896 AC 174, and on the determination of the coverture the restraint is at an end, Tullett v. Armstrong, (1839) 4 My&Cr 377; 1 Beav 1. Such a provision is only effective during coverture; it cannot affect dispositions in favour of a man, Brandon v. Robinson, (1871) 18 Ves 429, or a feme sole. The restraint may be applied either to corpus or income, usually only to the latter; in a marriage settlement the wife's income is almost invariably directed to be paid to her, without power of anticipation.' The L.P. Act, 1925, s. 169, repeatin...
Averium
Averium, the best live beast due to the lord as a heriot on his tenant's death, 2 Bl. Com. 424...
Exercituale
Exercituale, a heriot paid only in arms, horses, or military accoutrements, Jac. Law Dict....
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