Lapsed - Law Dictionary Search Results
Home Dictionary Name: lapsedlapse
lapse : a termination or failure due to events, neglect, or time: as a : the failure of a bequest (as because the intended recipient dies before the testator) compare anti-lapse statute b : the termination of an insurance policy because of nonpayment of premiums or nonrenewal vb lapsed laps·ing vi : to terminate, become ineffective, or fail [the bequest lapsed when the son died before the father] [allowed the insurance policy to ] vt : to cause (as a policy) to lapse [the company lapsed the policy] ...
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, ...
anti-lapse statute
anti-lapse statute : a statute providing that in the event a person who would have received a gift under a will dies before the person who made the will dies then the gift is distributed to the heirs of the person who would have received the gift compare lapse ...
Wills
Wills. A will is the valid disposition by a living person, to take effect after his death, of his disposable property. ''But in law ultima voluntas in scriptis is used, where lands or tenements are devised, and testamentum, when it concerneth chattels': Co. Litt. 111 a.Depository of Will of Living Person.-By the (English) Jud. Act, 1925, s. 172, replacing s. 91 of the Court of Probate Act, 1857:-There shall, under the control and direction of the High Court, be provided safe and convenient depositories for the custody of the wills of living persons, and any person may deposit his will therein.And see (English) Administration of Justice Act, 1928 (18 & 19 Geo. 5, c. 26), s. 11, as to deposit of wills under control of the High Court.Law before 1838.-The right of testamentary aliena-tion of lands is a matter depending on Act of Parliament. Before 32 Hen. 8, c. 1, a will could not be made of land, and before the Statute of Frauds a will (see NUNCUPATIVE WILL) could be made by word of mouth...
Heriot
Heriot [supposed by some to be derived fr. here, Sax., an army, and geat, provision, Willis, 194. Coke derives it fr. here, lord, and geat, beste, i.e., the lord's beste, Co. Litt. 185 b], the right of the lord of a manor to the best beast of the deceased tenant of a manor, which beast may be seized by the lord, although it has never been within the manor, Western v. Bailey, (1897) 1 QB 86; but if a customary freehold tenement is mortgaged, and the mort-gagor being in possession dies, the heriot is not due because he had no legal seisin at the time of his death, Copestake v. Hoper, (1908) 2 Ch 10. Originally a tribute to the lord of the manor of the horse or habiliments of the deceased tenant, in order that the militi' apparatus might continue to be used for national defence by each succeeding tenant.A customary tribute of goods and chattels, payable to lord of the fee on tenant's death, Black's Law Dictionary, 7th Edn., p. 732.The extinction of heriots was first attempted by the (Engl...
Legacy
Legacy [fr. legatum, Lat.]. A legacy is a gift of personalty by will, and, arising as it does from the mere bounty of the testator, it is postponed to the claims of creditors. There are four kinds of legacies:-(1) General, when it does not amount to a bequest of any particular thing or money, as distinguished from all others of the same kind; as if a testator give A. 50l. or a diamond ring, not referring to any particular diamond ring as distinguished from others. (2) Specific, when it is a bequest of a particular thing, or sum of money, or debt, as distinguished from all others of the same kind, as if a testator give B. 'my diamond ring.' (3) Demonstrative, when it is in its nature a general legacy, but there is a particular fund pointed out to satisfy it, as if a testator bequeath 1,000l. out of his Reduced Bank Three per Cents. And (4) Cumulative, or substitutional, when a testator by the same testamentary instrument, or by different testamentary instruments, has bequeathed more tha...
Living in adultery
Living in adultery, means a continuous course of adulterous relationship as distinguished from 'one or two lapses from virtue, Rajni v. Prabhakar, AIR 1950 Bom 204.No wife shall be entitled to receive an allowance from her husband under section 125, Cr PC if she is living in adultery see (s. 125(4), Cr PC, 1973, a continuous course of adulterous life as distinguished from one or two lapses from virtue, Rajani Prabhakar Lokur v. Prabhakar Raghavendra Lokur, AIR 1958 Bom 264....
abeyance
abeyance [Middle French abeance expectation (of a title or claimant), from abaer to expect, from a-, prefix stressing result + baer to gape, aim at] 1 : a lapse in the succession of property during which there is no person in whom title to the property is vested usually used with in [the estate was in ] 2 : temporary inactivity or suppression : cessation or suspension for a period of time usually used with in or into [to hold the entry of summary judgment in "J. H. Friedenthal et al."] ...
ancient
ancient : existing from a long past date ;specif : having had an uninterrupted existence of 20 to 30 or more years NOTE: Things and esp. documents that are ancient benefit from a presumption that they are valid even though proof of their validity may be unavailable due to lapse of memory, absence of witnesses, or loss of documents. ...
renew
renew 1 : to make like new : restore to freshness, vigor, or perfection ;specif : to prevent the lapse of (a judgment) due to expiration of a statute of limitations 2 : to do or state again [ed his objection to the evidence] 3 : to grant or obtain again or as an extension [ a lease] vi 1 : to become new or as new 2 : to make a renewal (as of a contract) re·new·abil·i·ty [-nü-ə-bi-lə-tē, -nyü-] n re·new·able [-nü-ə-bəl, -nyü-] adj ...
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