Intestate - Law Dictionary Search Results
Home Dictionary Name: intestate Page: 6Funeral expenses
Funeral expenses. An executor or administrator should bury the deceased testator or intestate suitably to the estate left, and the expense of the burial will be allowed before all other debts and charges; but if the personal representative be extravagant, he commits a devastavit, for which he will be answerable to the creditors or legatees....
Borough English
Borough English, a custom abolished by Adminis-tration of Estates Act, 1925, s. 45. See (English) Law of Property Act, 1922, 12th Schedule; evidently of Saxon origin, and so named to distinguish it from the Norman customs. By this custom, which was met with in some burgage tenemental lands and elsewhere, if a person had several sons, and died intestate, the youngest son inherited all the realty, which belonged to his father, situated within such borough. It was based on the assumption that the youngest son, on account of his tender age, was not so capable as the rest of his brethren to keep himself. Among the pastoral tribes, the sons, as soon as they attained the proper age, migrated from the paternal habitation, with an allotment of cattle, to seek a residence elsewhere; the youngest son usually continued with his father, and thus became the heir to his house, 2 Bl. Com. 83.The custom obtained in the manor of Lambeth, Surrey, in the manors of Hackney, St. John of Jerusalem in Islingt...
Frater fratri uterino non succedet in h'reditate paterna.
Frater fratri uterino non succedet in h'reditate paterna.--(A brother shall not succeed a uterine brother in the paternal inheritance.)The maxim is now superseded; for by the Inheritance Act, 1833 (3 & 4 Wm. 4, c. 106), s. 9, the half-blood inherit next after any relation in the same degree of the whole blood and his issue where the common ancestor is a male, and next after the common ancestor where a female, so that the brothers of the half-blood, on the part of the father, inherit next after the sisters of the whole blood on the part of the father and their issue, and the brothers of the half-blood on the part of the mother inherit next after the mother.This rule still applies in regard to (a) the devolution of entailed interests in real or personal property (Law of Property Act, 1925, s. 130 (4), and Law of Property (Amend.) Act, 1924, 9th Sched.), (b) the ascertainment of heirs as purchasers under limitations by deed or will coming into operation after 1925 under s. 132, ibid., and...
Intestacy
The state of being intestate or of dying without having made a valid will...
ab intestato
ab intestato [Latin] in the civil law of Louisiana : from an intestate ...
collation
collation [French, from Latin collatio bonorum (in Roman law) contribution made by emancipated heirs to an estate under an intestate succession, literally, bringing together of goods] in the civil law of Louisiana : the actual or supposed return of goods to the mass of the succession that is made by an heir who received property in advance for the purpose of having the property divided with the rest of the succession compare hotchpot NOTE: Children and grandchildren of a decedent must return anything that they received in advance by donation inter vivos. Further, they cannot claim legacies made to them unless made expressly by the decedent as an advantage over their coheirs to be received besides their portion of the succession. Donations made to a grandchild by a grandparent during the life of the child's father are not subject to collation. A collation may be made in kind by the actual delivering up of the thing given, or by taking less from the succession in proportion to the v...
demise
demise de·mised de·mis·ing : to convey (possession of property) by will or lease [the demised premises] n [Anglo-French, from feminine past participle of demettre to convey by lease, from Old French, to put down, give up, renounce, from Latin demittere to let fall and dimittere to release] 1 : the conveyance of property by will or lease : lease 2 : the transmission of property by testate or intestate succession 3 : charter of a boat in which the owner surrenders completely the possession, command, and navigation of the boat called also bareboat charter ...
estate taxes
estate taxes The tax imposed on the property of a deceased person who transfers ownership by will or intestate succession. Source: FindLaw ...
head
head : any of a number of individuals by heads : with an equal share to each individual : per capita used in the rules of intestate succession in Louisiana ...
illegitimate
illegitimate 1 : not recognized by the law as offspring ;specif : born out of marriage NOTE: An illegitimate child is usually legitimated by his or her parents' later marriage. Illegitimate children generally have the same inheritance rights under intestate successions as legitimate children; statutes limiting their inheritance rights have been found to violate the equal protection clause. 2 : not valid according to law illegitimate n ...
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