Intestate - Law Dictionary Search Results
Home Dictionary Name: intestate Page: 4Inventory
Inventory, a list or schedule, containing a true description of goods and chattels, or furniture, etc., made upon a same or upon a lease of a furnished house, or (see Woodfall, L. & T.) on a distress for rent, or by an executor of his testator's effects, or by an administrator of those of the intestate....
Jus relictae
Jus relictae, means 'right of a widower'. A widow's claim to her share of her deceased husband's movable estate. If the widow has children, her share in one-third; if not, her share is one-half, Black's Law Dictionary, 7th Edn., p. 867.Jus relict', the right of a widow in her deceased husband's personality; if there be children, she is entitled to a third of it; if there be none, to a half. But see now the (English) Intestate Husband's Estate (Scotland) Act, 1911 (1 & 2 Geo. 5, c. 10). See REASONABLE PARTS....
Lapse
Lapse [fr. lapsus, Lat.], error; failing in duty.(1) A benefice is said to lapse when the patron does not exercise the right of presentation within six calendar months (182 days) after the avoidance of the benefice, exclusive of the day of the avoidance. In such case there is a devolution of the rights of patronage from a neglectful patron to the bishop as ordinary, to the metropolitan an superior, and to the sovereign as patron paramount of all the benefices in the realm.(2) A device or legacy is said to lapse when the devisee or legatee dies before the testator. In such case the devise or legacy falls into the residuary real or personal estate, as the case may be. If a residuary devise or bequest lapses, the property falls into the intestate estate of the testator, see Easum v. Appleford, (1840) 5 My&Cr 56; Re Whitrod, (1926) 1 Ch 118. If, however, the devisee or legatee should be a child or other issue of the testator, and should die leaving issue surviving at the testator's death, ...
Law of Property Act, 1925 (English)
Law of Property Act, 1925 (English) 915 Geo. 5,c. 20), with amending Acts, 1926, 1929 and 1932 (cited together as the Law of Property Acts, 1925 to 1932), has consolidated and effected changes in the land laws with the object of simplifying the transfer and conveyance of land. An important change was the abolition of all legal estates or tenures in land, except an estate in fee simple in possession, and a term of years absolute in or in certain incorporeal hereditaments arising out of annexed to or charged upon the legal estate in land. Any number of these legal estates can exist in respect of the same piece of land or incorporeal hereditament; for instance, land may be held in fee simple, leased and mortgaged at the same time. all other estate and interests inland are reduced to equitable interests. All mortgages of the same legal estate under the statutory conditions are legal estates. None being for the whole fee simple or the term, but each for a term taken out of the fee or origin...
Legacy duty
Legacy duty, a tax paid to Government on legacies and shares of residue, rising from 1 to 10 per cent. in proportion of the distance of relationship between the testator or intestate and legatee. The personal representative is liable to pay the duty. He must show a receipt signed by the legate giving certain particulars, including the amount or value of the legacy and the duty payable thereon. Duty is then paid and the receipt is stamped. If the duty is not paid by the personal representative the legatee is chargeable. The principal Acts relating to the legacy duty are the (English) Legacy Duty Act, 1796 (36 Geo. 3, c. 52); the (English) Stamp Act, 1815 (55 Geo. 3, c. 184); the (English) Customs and Inland Revenue Act, 1881 (44 & 45 Vict. c. 12), ss. 41-43; and the (English) Finance (1909-10) Act, 1910, pt. Iii. See Chitty's Statutes, tit. 'Death Duties.' Consult Hanson or Norman on Death Duties....
Limited administration
Limited administration, a special and temporary administration of certain specific effect of a testator or intestate granted under varying circumstances. See 1 Wms. Exors....
Thavazhee
Thavazhee, the expression 'thavazhee' in the case of an intestate female includes her issue how-low-so-ever, and the word 'issue' indicates both males and females, Kunju Kesovan v. M.M. Phillip, AIR 1964 SC 164 (168). [Travancore Ezhava Act, (3 of 1100), s. 19, expl. II]...
Married women's property
Married women's property, At Common Law, a woman, by marrying, transferred the ownership of all her property, real and personal, present and future, to her husband absolutely, so that he might sell, pay his debts out of, give away, or dispose by will of it as he pleased, with these exceptions and modifications:-1) Her freehold estate became his to manage and take the profits of during the joint lives only. After his death, leaving her surviving, it passed to her absolutely; after her death, leaving him surviving, provided that it was an estate in possession and issue who could in her it had been born during the marriage, it passed to him as 'tenant by the curtesy (q.v.) of England,' during his life, and after his death to her heir-at-law.(2) Her leasehold estate, her personal estate in expectancy, and the debts owing to her and other 'choses in action,' became his absolutely if he did some act to appropriate or reduce them into possession during the marriage, or if he survived her. If ...
Notice to quit
Notice to quit. Where there is a tenancy from year to year subsisting, it can only be put an end to by notice to quit, which may be given by either party, and must be given one half-year previously to the expiration of the current year of tenancy, so as to expire at the same period of the year in which the tenant entered upon the premises. This rule is to be invariably followed in all cases, except where there is some special agreement between the parties to a different effect, or where a particular local custom intervenes, or where the (English) Agricultural Holdings Act, 1923, applies, in which case, by s. 25 of that Act, a notice must be given to terminate the tenancy twelve months from the end of the then current year of the tenancy.Where the term of a lease is to end on a precise day, there is no occasion for a notice to quit previously to bringing an action of ejectment because both parties are equally apprised of the termination of the term. If a tenant continue in possession by...
Primogeniture
Primogeniture, seniority, eldership, state of being first-born.The right of primogeniture obtaining in the United Kingdom was that right whereby the eldest son succeeded to all the real estate of an intestate parent. An analogous right of succession is frequently given by will, and even more frequently given and preserved by marriage or other settlement. The right was not acknowledged by the Romans; sons and daughters all shared equally the property of their parents; and in continental coun-tries exists in a modified form only, if at all. See Eyre Lloyd's 'Rights of Primogeniture and Succession.' In England the customs of gavelkind and Borough-English were almost the only exceptions to this Norman rule of inheritance.The right, which was a corner-stone of the social structure in England, has been swept away by the land legislation of 1925. See DESCENT. Hereditary dignities and titles of honour are not affected. [Cf. Law of Property Act, 1925, s. 201 (2)]Means first born and denotes the...
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