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Joint Heir - Law Dictionary Search Results

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Joint-heir

Joint-heir, a co-heir. See (English) Law of Property Act, 1932, as to equitable interests of joint heirs in tail....


Joint-tenancy

Joint-tenancy. This tenancy is created where the same interest in real or personal property is, by the act of the party, passed by the same matter of conveyance or claim in solido, and not as merchan-dise, or for purposes of speculation, to two or more persons in the same right, either simply, or by construction or operation of law jointly, with a jus accrescendi, that is, a gradual concentration of property from more to fewer, by the accession of the part of him or them that die to the survivors or survivor, till it passes to a single hand, and the joint-tenancy ceases.Anciently, joint-tenancy was favoured because it did not induce fractions of estates, and returning to early principles the (English) Land Legislation of 1925 has employed the tenure generally as the machinery by which legal estate may in such cases always be in some person, called the estate owner, who is competent to give a title to the whole estate without the concurrence of other parties. that legal estate has been ...


joint

joint 1 : common to two or more: as a : involving the combined activity or negligence of two or more [a tort] see also joint tortfeasor compare several b : shared by or affecting two or more as a unit [a account] 2 : united, joined, or sharing with another (as in a right or status) [ heirs] ...


Coheir

A joint heir one of two or more heirs one of several entitled to an inheritance...


Partition, Deed of

Partition, Deed of, a primary or original convey-ance. When an estate was held in community by joint tenants, tenants in common, coparceners, or joint heirs in gavelkind, and they were desirous of dividing it into distinct portions, to be exclusively enjoyed by each, and were not under legal disability, they could accomplish their object by this deed, and by s. 3 of the (English) Real Property Act, 1845 (now repealed), the partition of any tenements except copyhold is void unless made by deed. Sometimes, instead of agreeing as to their several allotments, a reference was made to a person to divide the estate into the required portions, and one mode of affecting this division was to convey the whole estate to the proposed referee upon trust to convey the several allotments to the respective parties according to his award.In Kent, where the land was of gavelkind tenure, they called these partitions shifting, from the Saxon, shiftan, to divide. For the present practice, see PARTITION....


heir

heir : one who inherits or is entitled to succeed to the possession of property after the death of its owner: as a : one who by operation of law inherits the property and esp. the real property of a person who dies without leaving a valid will used in jurisdictions whose law is based on English common law called also heir at law heir general legal heir compare issue b in the civil law of Louisiana : one who succeeds to the estate of a person by will or esp. by operation of law see also intestacy, unworthy compare ancestor, devisee, legatee, next of kin, successor apparent heir : heir apparent in this entry beneficiary heir in the civil law of Louisiana : an heir who exercises the benefit of inventory which limits the amount of his or her liability for the decedent's debts bod·i·ly heir : heir of the body in this entry forced heir : an heir who cannot be disinherited except for causes recognized by law ;esp in the civil law of Louisiana : an heir who because of yo...


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...


coheir

coheir : a joint heir ...


coparcener

coparcener : a joint heir ...


Expectant heir

Expectant heir. A person to whom property will accrue on the death of another person. expectant heirs wishing to anticipate this property have frequently borrowed money, to be repaid when the expected property shall devolve upon them. From the uncertainty of this period, the unsoundness of the security which the expectant heir can offer, and from the pressing character of his immediate necessities, the rate of interest is necessarily higher than that upon an ordinary loan, and is frequently very much higher than the risk run by the lender requires. At Common Law all such loans are good, and the interest upon them, however high, recoverable. By the Usury Acts, indeed-which, however, did not apply to loans to expectant heirs with any greater rigour than to loans to other persons'they were for a long period of yeas subject to the restriction that only a fixed maximum rate of interest could be exacted, but the Usury Acts were repealed in 1854 by 17 & 18 Vict. c. 90. See USURY.From very ear...


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