Joint Tenancy - Law Dictionary Search Results
Home Dictionary Name: joint tenancy Page: 3Unity of possession
Unity of possession. Where one has a right to two estates, and holds them together in his own hands, as if a person takes a lease of lands from another at a certain rent, and afterwards buys the fee-simple, this is an unity of possession by which the lease is extinguished, because that he who had before the occupation only for his rent, is now become lord and owner of the land, Termes de la Ley. See JOINT TENANCY; TENANCY IN COMMON....
Jus accrescendi
Jus accrescendi (the right of survivorship). See JOINT-TENANCY.Means 'right of accretion'. A right of accrual; esp., the right of survivorship that a joint tenant enjoys, Black's Law Dictionary, 7th Edn., p. 863....
Real representative
Real representative. The name formerly given to a personal representative on whom real estate devolved on the death of any person between the 31st December, 1897, and the 1st January, 1926, under the provisions of the (English) Land Transfer Act, 1897.Prior to the commencement on the 1st of January, 1898, of the (English) Land Transfer Act, 1897 [see (English) TRANSFER OF LAND ACTS], the real estate of a deceased person vested in his heir, heiresses, or devisees, and his personal estate in his executors or administrators. The (English) Land Transfer act, 1897, (60 & 61 Vict. c. 65), reproduced and extended by the (English) Administration of Estates Act, 1925, established a real representative in the person of the executor or administrator of any person dying after the commencement of that Act, in whom all his real estate except copyhold was vested notwithstanding his will, unless, as in a joint tenancy, any other person had a right to take by survivorship, so that one and the same pers...
sever
sever sev·ered sev·er·ing 1 : to end (a joint tenancy) by ending one or all of the unities of time, title, possession, or interest (as by conveying one tenant's interest to another party) 2 : to separate (as a contract) into different parts (as independent obligations) in order to treat each separately 3 a : to try (criminal offenses or defendants) separately in order to avoid prejudice b : to split (a criminal trial) into multiple trials in order to avoid prejudice c : to try (civil claims or issues pleaded in the same case) separately sev·er·ance [se-vrəns, -və-rens] n ...
tenants by the entirety
tenants by the entirety A joint tenancy between husband and wife. At the death of one spouse, the property passes to the other spouse. Source: FindLaw ...
Abridge
Abridge [fr. abreger, Fr., abbreviare, Lat.], to make shorter in words retaining the substance. Also the making a declaration or count shorter by subtracting or severing some of the substance therefrom, i.e., a man was said to abridge his plaint in assize, and a woman her demand in action of dower, where any land was put into the plaint or demand which was not in the tenure of the defendant; for if the defendant pleaded non-tenure, joint-tenancy, or the like, in abatement of the writ as to part of the lands, and plaintiff might leave out those lands, and pray that the tenant might answer to the rest, Brooke, tit. 'Abridgment.' Now obsolete in consequence of the abolition of real and mixed actions, by the (English) Real Property Limitations Act, 1833 (3 & 4 Will. 4, c. 27), s. 36, and the (English) Common Law Procedure Act, 1860 (23 & 24 Vict. C. 126), s. 26....
Executor
Executor. A person appointed by a testator to carry out the directions and requests in his will, and to dispose of the property according to his testamentary provisions after his decease.One who performs or carries out some act, Black's Law Dictionary, 7th Edn., p. 591.The leading duties and responsibilities of an executor may be thus classed:-(1) He will not be allowed as against creditors extravagant funeral expenses if the testator died insolvent; and if he neglects to secure the property, and loss ensue, he will be personally liable for a devastavit, but will not be responsible for mere neglect to take out probate (Re Stevens, (1898) 1 Ch 162). See DEVASTAVIT.(2) By operation of law by virtue of his office he takes a title to the personal property of the testator which vests him with full power ovr the testator's chattels, Attenborough v. Solomon, 1913 AC 76, and by Administration of Estates Act, 1925, s. 1, extending and amending the Land Transfer Act, 1897, real property devolves...
Survivorship
Survivorship, the living or one of two or more persons after the death of the other or others. See COMMORIENTES; JOINT TENANCY. In questions of construction of wills the difficulty generally arises in regard to the persons or class of or from whom the survivor is to be ascertained and whether the word has a natural or stipital meaning (see, e.g., Gilmour v. MacPhillamy, 1930 AC 712).The state or condition of being the one person out of two or more who remains alive after the others die, Black's Law Dictionary, 7th Edn., p. 1459....
Tail after possibility of issue extinct, Tenant in
Tail after possibility of issue extinct, Tenant in. This estate arises out of a special entail as to the parentage of the issue, when the express condition has become impossible by reason of death. Thus, if an estate be granted to husband and wife, and their issue, male or female, if either of them die without issue, the survivor is tenant-in-tail after possibility of issue extinct; and even if there have been issue, yet if the issue die without issue, then the surviving parent is also such a tenant; and also if an estate be entailed upon a man and his issue from a particular wife, if she die without issue, the interest of the husband becomes reduced to a tenancy-in-tail after possibility of issue extinct. Only a donee in tail-special can become such a tenant, for if the entail be general, such a tenancy can never arise; for whilst he lives he may have issue, the law not admitting the impossibility of having children at any age. As an estate-tail is originally carved out of a fee-simpl...
Entire tenancy
Entire tenancy, contrary to several tenancy, and signifying a sole possession in one man, whereas the other is a joint or common possession in two or more, Jac. Law Dict....
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