Intestate - Law Dictionary Search Results
Home Dictionary Name: intestate Page: 7inherit
inherit [Middle French enheriter to make one an heir, from Late Latin inhereditare, from Latin in- in + hereditas inheritance] vt 1 : to receive (property) from an estate by operation of the laws of intestacy ;broadly : to receive (property) either by will or through intestate succession 2 : succeed vi : to take or hold a possession or rights by inheritance in·her·i·tor [in-her-i-tər] n ...
natural object
natural object : a person likely to be the recipient of some thing or action ;esp : a person who is close to or related to a person dying whether testate or intestate, who would reasonably be expected to receive a share of the estate, and who may be so recognized in the absence of a will or in a will contest usually used in the phrase natural object of one's bounty [widows and children, who, as the natural objects of a testator's bounty, were…residuary legatees "Lomon v. Citizens Nat'l. Bank & Trust of Muskogee, 689 P.2d 306 (1984)"] ...
next of kin
next of kin 1 : one or more living persons in the nearest degree of relationship to a particular individual 2 : those persons entitled by statute to receive the property in an intestate's estate compare heir ...
per capita
per capita [Medieval Latin, by heads] 1 : equally to each individual [all property to pass to the descendants per capita] used of a method of distributing an esp. intestate estate compare per stirpes NOTE: Per capita distribution of an estate provides each descendant with an equal share of the estate's assets regardless of the degree of his or her kinship. Children, grandchildren, great-grandchildren, etc., all receive equal shares. 2 : per unit of population : by or for each individual [a high per capita tax burden] ...
Feodum, or feudum antiquum
Feodum, or feudum antiquum, a feud which devolved upon a vassal from his intestate ancestor....
virile share
virile share [partial translation of French part (or portion) virile equally alloted share (as in an intestate inheritance), from Latin pars virilis, literally, male's share] in the civil law of Louisiana : an amount for which a solidary obligor (as a partner) is liable: as a : an amount due from the obligor under a solidary obligation (as a debt) arising from a contract or quasi contract that is equal to that of each other obligor unless there is an agreement or judgment to the contrary b : an amount based on the proportionate fault of the obligor when the obligation arises from an offense (as in negligence) or quasi-offense called also virile portion ...
per stirpes
per stirpes [Latin, by familial stocks] : by right of representation [the estate was divided per stirpes] used of a method of distributing an esp. intestate estate compare per capita NOTE: Per stirpes distribution provides for division of an estate equally among the members of the group of descendants having a particular degree of kinship (as children), with the issue (that is, the offspring) of a deceased member of that group representing the deceased member, taking the deceased member's share, and dividing it equally among themselves. For example, if a decedent had three children, one of whom had already died leaving issue, the estate would be divided into thirds, with each living child receiving a one-third share, and the issue of the deceased child dividing a one-third share equally amongst themselves. ...
Intestate
A person who dies without making a valid will...
Conformity, bill of
Conformity, bill of. When the executor or adminis-trator found the affairs of his testator or intestate so much involved that he could not safely administer the estate, except under the direction of the Court of Chancery, he filed this bill against the creditors to have their claims adjusted, and a decree settling order and payment of assets made. This bill was so called, probably because the executor or administrator undertook to conform to the decree, or the creditors were compelled by the decree to conform to it, 1 Story's Eq. Jur. 440....
Fee-simple
Fee-simple, a freehold estate of inheritance, absolute and unqualified. It stands at the head of estates as the highest in dignity and the most ample in extent; since every other kind of estate is derivable there out, and mergeable therein, for omne majus continet in se minus. It may be enjoyed not only in land, but also in advowsons, commons, estovers, and other hereditaments as well as in personalty, as an annuity or dignity, and also in an upper chamber, though the lower buildings and soil belong to another.Littleton, in his Tenures (1. i., c. 1, s. 1), gives a description of this estate, which appears to have been adopted by every subsequent writer. His language is this:-A person who holds 'in fee-simple is he which hath lands or tenements to hold to him and his heirs for ever. And it is called in Latin feodum simplex, for feodum is the same that inheritance is, and simplex is as much as to say lawful or pure. And so feodum simplex signifies a lawful or pure inheritance. For if a m...
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