Intestate - Law Dictionary Search Results
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intestate [Latin intestatus, from in- not + testatus testate] 1 : having not made a valid will [died ] 2 : not disposed of by a valid will [ property] [an estate] ;specif : transmitted according to statutory rules governing intestate succession 3 : of or relating to intestate succession [ laws] ...
Intestate
Intestate, one who has left no will. In regard to all the deaths before 1925, if he left no heir, his real property escheated (see ESCHEAT) to the Crown or lord of the manor, and his personal property was administered by a nominee of the Crown for the benefit of the Crown. The (English) A.E. Act, 1925, s. 51, abolished the old rules of descent, and the intestate estates of persons dying after 1925 are, with some exceptions, administered and distributed according to the provisions of that Act. See DISTRIBUTION and ADMINISTRATOR; WIDOW.Swinburne, Godolphin, and others of the early writers on the subject apply the term to one who dies leaving a will, but not appointing an executor; the term testament being formerly applied only to a will which appointed an executor. See Swinburne, pt. 1, s. 1; and 1 Williams on Executors.A person is deemed to die intestate in respect of property of which he or she has not made a testamentary disposition capable of taking effect. [Hindu Succession Act, 195...
Dying intestate
Dying intestate, a person dies intestate either not having made any Will or having made an invalid Will, Manshan v. Tej Ram AIR 1980 SC 558: (1980) Supp SCC 367....
intestate succession
intestate succession see succession ...
Death intestate
Death intestate, means death without leaving a will. If is not clear whether it would apply to a partial intestacy in respect of any particular property, Whitmore v. Lambert, (1955) 2 All ER 147....
Hindu male dying intestate
Hindu male dying intestate, The expression merely means 'in the case of intestacy of a Hindu male', Fateh Bibi v. Charan Dass, AIR 1970 SC 789 (794): (1970) 1 SCC 658. [Hindu Law of Inheritance (Amendment) Act, 1929 Preamble]...
Widow
Widow, a woman whose husband is dead and who has not remarried, Black's Law Dictionary, 7th Edn., p. 1592.A widow is entitled equally with next of kin to administration of her deceased husband's estate subject to the discretion of the Court [see In the Estate of Paine, A.J., (1916) 115 LT 935]In regard to deaths after 1925, by the Administration of Estates Act, 1925, s. 46:-(1) The residuary (real and personal) estate of an intestate shall be distributed in the manner or be held on the trusts mentioned in this s., namely:-(i) If the intestate leaves a husband or wife (with or without issue) the surviving husband or wife shall take the personal chattels (q.v.) absolutely and in addition the residuary estate of the intestate shall stand charged with the payment of a net sum of 1000l. free of death duties and costs to the surviving husband or wife (with interest from date of death at 5 per cent. per annum until paid or appropriated and subject thereto as provided).(a) If the intestate lea...
Intestates Estates Act, 1890 (English)
Intestates Estates Act, 1890 (English) (53 & 54 Vict. c. 29), repealed and not re-enacted by the A.E. Act, 1925, in the case of persons dying intestate after 1925. See WIDOW. By the Act of 1890 the real and personal estate of every man dying wholly intestate after September 1, 1890, leaving a widow but no issue, is directed to belong to his widow if the net value should not exceed 500l., while if it should exceed 500l. the widow obtains 500l and a charge upon the whole of the estate for that term, in addition to her interest and share in the remainder of the estate, 'with interest thereon from the date of the death of the intestate, at 4 per cent. per annum until payment.' As to the meaning of 'intestate,' see Re Cuffe, (1908) 2 Ch 500.As to Scotland, see the Intestate Husband's Estate (Scotland) Act, 1911 (1 & 2 Geo. 5, c. 10), as amended by 9 & 10 Geo. 5, c. 9, which is framed on the lines of the English statute...
Hotchpot
Hotchpot [fr. hache en poche, Fr., a confused mingling of diverse things], a blending or mixing of lands and chattels, answering in some respects to the collatio bonorum of the Civil Law. 'And it seemeth that this word [hotchpots] is in English a pudding'; see Co. Litt. 177 a.The blending of items of property to secure equality of division, esp. as practised is case in which advancements of an intestate's property must be made upto estate by a contribution or by an accounting, Black's Law Dictionary, 7th Edn.As to lands, it only applied to such as were given in frank-marriage, thus: if one daughter have an estate given with her in frank-marriage by her ancestor, then, if lands descend from the same ancestor to her and her sister in fee-simple (not in fee-tail), she or her heirs shall have no share in them unless they will agree to divide the lands so given in frank-marriage, in equal proportions with the rest of the lands descending--i.e., bringing her lands so given into hotchpots.As ...
Escheat
Escheat [eschet or echet, formed from the word eschoir or echoir, Fr., to happen], a species of reversion; it is a fruit of seigniory, the Crown or lord of the fee, from whom or from whose ancestor the estate was originally derived, taking it as ultimus h'res upon the failure, natural or legal, of the intestate tenant's family.Escheat to the Crown, the Duchy of Lancaster, the Duke of Cornwall and to mesne lords has been abolished by (English) Administration of Estates Act, 1925, s. 45(1). The right of the Crown to 'bona vacantia' now includes real property under (English) A.E. Act, 1925, s. 46. See BONA VACAN-TIA.The title of the Crown was ascertained by inquiry regulated by rules under the (English) Escheat Procedure Act, 1887 (50 & 51 Vict. c. 53), which repealed, as practically inoperative, the numerous statutes from 29 Edw. 1, by which officers called 'escheators' were authorized to hold such inquiries.If differed from a forfeiture [now abolished for treason or felony by the (Engli...
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