Intestate - Law Dictionary Search Results
Home Dictionary Name: intestate Page: 2 Page 2 of about 86 results ( seconds)Distribution, Statute of
Distribution, Statute of (22 & 23 Car. 2, c. 10), now only applied to intestacies prior to 1926, repealed by (English) Administration of Estates Act, 1925 (see WIDOW), explained by the Statute of Frauds, 29 Car. 2, c. 3, enacts that the surplusage of intestates' personal estate (except of femes covert, the administration and enjoyment of whose estates belonged, at Common Law, to their husbands-but see MARRIED WOMEN'S PROPERTY) shall, after the expiration of one year from the death of the intestate, be distributed in the following manner: one-third shall go to the widow of the intestate, and the residue in equal proportions to his children, or, if dead, to their representatives, that is, their lineal descendants; if there be no children or legal representative subsisting ,then a moiety shall go to the widow, and a moiety to the next of kindred in equal degree, and their representatives; if no widow, the whole shall go to the children; if neither widow nor children, the whole shall be di...
succession
succession 1 a : the order in which or the conditions under which one person after another succeeds to a property, dignity, position, title, or throne [the sequence of to the presidency] b : the right of a person or line of ancestry to succeed c : the line of ancestry having such a right 2 a : the act or process of following in order b : the act or process of one person's taking the place of another in the enjoyment of or liability for rights or duties or both 3 : the act or process by which a person becomes entitled to the property or property interest of a deceased person and esp. an intestate : the transmission of the estate of a decedent to his or her heirs, legatees, or devisees ;also : the estate of the deceased including assets and liabilities used chiefly in the civil law of Louisiana intestate succession 1 : the transmission of property or property interests of a decedent as provided by statute as distinguished from the transfer in accordance with the decedent's wi...
Administrator
Administrator, means the Administrator as referred to in clause (a) of section 2 of the Unit Trust of India (Transfer of Undertaking and Repeal) Act, 2002 (58 of 2002). [Income Tax Act, 1961, s. 80C(8)(i)].Administrator means a person appointed by competent authority to administer the estate of a deceased person when there is no executor. [Indian Succession Act (39 of 1925) s. 2(a)]--he to whom the property of a person dying intestate, or without executors appointed, accepting, or surviving, is committed by the Probate Court (now the Probate, Divorce and Admiralty Division of the High Court of Justice). (English) Supreme Court of Judicature (Consolidation) Act, 1925, s. 56(3). By the (English) Court of Probate Act,1857 (20 & 21 Vict. c. 77) (re-enacted in (English) Supreme Court of Judicature (Consolidation) Act, 1925, s. 175), 'Administration' includes all letters of administration of the effects of deceased persons, whether with or without the will annexed, and whether granted for ge...
intestacy
intestacy pl: -cies 1 : the state of dying intestate : an intestate state or condition [the invalidation of the will resulted in her ] 2 : intestate succession at succession [wills should be construed to avoid whenever possible "Smith v. Estate of Peters, 741 P.2d 1172 (1987)"] [ the remaining property passed by to the heirs] ...
Capita, Per
Capita, Per (by heads). Distribution of personalty per capita (professedly borrowed from the civilians, and enacted in the Statute of Distribution) happens when all the claimants claim in their own right, in equal degree of kindred, and not jure representationis (per stripes), in the right of another person, as if the next of kin be the intestate's three children, A., B., and C.; here the intestate's personalty is divided into three equal portions, and distributed per capita, one to each. The expression 'per capita, does not occur in the Administration of Estates Act, 1925, which repealed the Statute of Distribution and altered and diminished family rights in the distribution of intestate estates. See Widow in regard to all deaths after 1925....
Children
Children. The word child in legal documents means a legitimate child unless otherwise declared by statute. See Morris v. Britannic Assurance Co., 1931 (2) KB 125. 'Child' is defined by the (English) Children and Young Persons Act, 1933 (23 & 24 Geo. 5, c. 12), s. 107, as meaning, for the purposes of the Act, a person under fourteen years of age. The (English) Children and Young Persons (Scotland) Act, 1932 (22 & 23 Geo. 5, c. 47), makes provisions for Scotland similar to those of the corresponding English Act.Registration of Birth, and Vaccination.--It is the duty, by s. 1 of the (English) Births and Deaths Registration act, 1874 (37 & 38 Vict. c. 88), of the father and mother of very child born alive, and in their default of other persons (see BIRTHS), to give information to the registrar within forty two days; the (English) Public Health Act, 1936, ss. 2 and 3, provides for compulsory notification of births to the Medical Officer of Health (see BIRTHS), and the child must be vaccinat...
Coparceners or parceners
Coparceners or parceners. The name given to persons who until 1926 inherited an inheritable estate by virtue of descents from the ancestor which conferred on them all an equal title to it. It arose by act of law only, i.e., by descent, which, in relation to this subject was of two kinds:-(1) Descent by the common law, which took place where an ancestor died intestate, leaving two or more females as his co-heiresses; these, according to the canon of real property inheritance, all took together as coparceners or parceners, the law of primogeniture not obtaining among women in equal relationship to their ancestor: they were, however, deemed to be one heir; and (2) descent by particular custom, as in the case of gavelkind lands, which descended to all the males in equal degree, as the sons, brothers, or uncles of the deceased intestate ancestor; in default of sons, they descended to all the daughters equally.Coparceners had a unity though not an entirety, or necessarily an equality, of int...
Heir
Heir [fr. heire, Old Fr.; h'res, Lat.], a person who succeeds by descent to an estate of inheritance. It is nomen collectivum, and extends to all heirs; and under heirs, the heirs of heirs are comprehended in infinitum.A person who, under the laws of intestacy, is entitled to receive an intestate decedents property, esp. real property, Black's Law Dictionary, 7th Edn., p. 727.The (English) Admin. Of Estates Act, 1925, s. 45, having abolished all modes of descent of real property obtaining before 1st January, 1926, in regard to deaths taking place after 1925, except in a few cases (see DESCENT and DEVOLUTION), the importance of the 'heir' had diminished but the 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 entitled to an equitable interest in personality and realty corresponding to a real estate by purchase under the ol...
Residue
Residue, the surplus of a testator's or intestate's estate after discharging all his liabilities. Unless it appear in the will that the executor was intended to have the residue, he will be deemed to be trustee for the next of kin [Executors Act, 1830 (11 Geo. 4 & 1 Wm. 4, c. 40)]; repealed and replaced by the Administration of Estates Act, 1925, s. 49; see Re Glukman, (1908) 1 Ch 552; affirmed, nom. A.G. v. Jeffereys, 1908 AC 411. The distribution of the surplusage of an intestate's estate was provided for by the Statute of Distribution (22 & 23 Car. 2, c. 10), explained by 29 Car. 2, c. 3, and 1 Jac. 2, c. 17. the distribution of the estates of persons dying after 1925 is regulated by Part IV. of the Administration of Estates Act, 1925. See LAPSE; WIDOW.Something that is left over after a part is removed or disposed of; a remainder, Black's Law Dictionary, 7th Edn., p. 1311...
Intestates Estates Act, 1884 (English)
Intestates Estates Act, 1884 (English) (47 & 48 Vict. c. 71), ss. 2 and 3, whereby administration for the Crown of the personal estate of an intestate is conducted on similar principles to those of an ordinary administration. The sections have been reproduced and amended by ss. 30 and 57, A.E. Act, 1925. The other provisions of the Intestates Estates Act,1884 (except s. 55), have been repealed by the A.E. Act, 1935. By the repealed s.s, when a person died intestate and without an heir, his estate, legal or equitable, in any incorporeal hereditament, and any equitable estate in any corporeal hereditament, escheated to the Crown. Provision was also made for the waiver of the rights of the Crown in certain cases. See ESCHEAT....
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