Legitimateness - Law Dictionary Search Results
Tail
Tail [fr. tailler, Fr., to prune]. An estate-tail was formerly a freehold of inheritance and is now an equitable interest which may be created after 1925 in respect of personalty as well as realty by way of trust and which (if not barred or disposed of by will after 1925) will devolve inequity on the person who would have taken realty as heir of the body or as tenant by the curtesy if the Law of Property Act, 1925, had not been passed [s. 130 (4) (ibid.)]The limitation of an estate so that it can be inherited only by the fee owner's issue or class of issue, Black's Law dictionary 7th Edn., p. 1466.An estate-tail in land now constitutes a settlement. [(English) Settled Land Act, 1925, s. 1]With this and other statutory modifications under the (English) Law of Property Act, 1925, the rules relating to this form of estate are still applicable (a) in the investigation of all titles to land in existence on the 31st December, 1925; (b) in the construction of equitable interests into which th...
Maintenance
Maintenance, an officious intermeddling in a suit which in no wise concerns one, by assisting either party with money or otherwise to prosecute or defend it; both actionable and indictable [see Bradlaugh v. Newdegate, (1883) 11 QBD 1], and invalidates contracts involving it. By the Roman Law it was a species of crimen falsi to enterin to any confederacy, or do any act to support another's law-suits, by money, witnesses, or patronage, 4 Bl. Com. 134.It is either ruralis, in the country as where one assists another in his pretensions to lands, by taking or holding the possession of them for him; or where one stirs up quarrels or suits in the country; or it is curialis, in a Court of justice, where one officiously intermeddles in a suit depending in any court, which does not belong to him, and with which he has nothing to do, 2 Rol. Abr. 115. Maintaining suits in the spiritual courts is not within the statutes relating to maintenance, Cro. Eliz. 549. A man may, however, maintain a suit in...
Marriage
Marriage. Marriage as understood in Christendom is the voluntary union for life of one man and one woman, to the exclusion of all others, Hyde v. Hyde, 1866 LR 1 P&D 130. Where a marriage in a foreign country complies with these requirements it is immaterial that under the local law dissolution can be obtained by mutual consent or at the will of either party with merely formal conditions of official registration, and it constitutes a valid marriage according to English law, Nachimson v. Nachimson, 1930, P. 217. Previous to 1753 the validity of marriage was regulated by ecclesiastical law, not touched by any statutory nullity but modified by the Common law Courts, which sometimes interfered with the Ecclesiastical Courts, by prohibition, sometimes themselves decide on the validity of a marriage, presuming a marriage in fact as opposed to lawful marriage. A religious ceremony by an ordained clergyman was essential to a lawful marriage, at all events for dower and heirship; but if in an i...
Scots law
Scots law is mainly derived from the Civil Law, and differs in many points from the English, as by assuring a man's widow and children two-thirds of his personal property (see LEGITIM), and by the legitimation of children born before marriage (see LEGITIMATION)....
Son or daughter of such female
Son or daughter of such female, the son or daughter of a male vendor referred to in s. 15(1) only means the legitimate issue of the vendor. The words son or daughter mean only a legitimate son and a legitimate daughter of the female, Gulraj Singh v. Mota Singh, AIR 1965 SC 608 (610). [Punjab pre-emption Act, 1913 (as amended by Act (10 of 1960), s. 15(2)(b)]...
Derivative settlement
Derivative settlement, in Poor Law that settlement (see SETTLEMENT) which a poor person may acquire from his parent's settlement. The (English) Poor Law Act, 1930 (20 Geo. 5, c. 17), s. 85, enacts:-(1) Until a person acquires a settlement of his own or derives a settlement from a husband, that person-(a) if a legitimate child, shall take and follow, up to the age of sixteen, the settlement of his father, or if and so long as his father has no settlement, the settlement which his mother had immediately before her marriage to his father, but if after the death of the father the mother acquires a settlement (not being a derivative settlement) shall take and follow, up to the age of sixteen, that settlement;(b) if an illegitimate child, shall take and follow, up to the age of sixteen, the settlement of his mother;and shall in either case retain that settlement which under the forgoing provisions of the section he had at the age of sixteen.(2) Deals with the settlement of a married woman.(3...
Prolem ante matrimonium natam, ut post legitimam, lex civilis succedere facit in h'reditate parentum; sed prolem, quam matrimonium non parit, succedere non sinit lex Anglorum
Prolem ante matrimonium natam, ut post legitimam, lex civilis succedere facit in h'reditate parentum; sed prolem, quam matrimonium non parit, succedere non sinit lex Anglorum. Fort. C. 39, (The Civil Law permits the offspring born before marriage, provided such offspring be afterwards legitimized, to be the heirs of their parents; but the law of the English does not suffer the offspring not produced by the marriage to succeed.) See LEGITIMATION; MERTON....
Not proceeding from true source
Not proceeding from true source, 'not proceeding from true source' only mean that the thing is not what it pretends to be, which only means that it is not genuine or legitimate, Chaitanya Kumar Adatiya v. Sushila Dixit, AIR 1975 SC 1718 (1721): (1976) 3 SCC 97.--only means that the thing is not what it pretends to be, which only means that it is not genuine or legitimate, Chaitanya Kumar v. Sushila, AIR 1975 SC 1718 (1721)....
Natural child
Natural child, the child in fact, the child of one's body. Some children are both the natural and legitimate offspring of a marriage, i.e., those duly born in wedlock. Some are the legitimate but not the natural offspring of a marriage, i.e., those who are born in wedlock, and never bastardized, although begotten in adultery and in fact the natural children of a stranger. See Shakespeare's King John, Act i., sc. 1. [Indian Succession Act]Some are natural children only; i.e., bastards, born out of wedlock, and those born in wedlock, who are bastardized, and hence the word is popularly more often used as though it were simply equivalent to bastard. See LEGTIMATION; BASTARD and BASTARDIZE....
Legitimacy Declaration Act, 1858 (English)
Legitimacy Declaration Act, 1858 (English) (21 & 22 Vict. c. 93), which provides that any natural born subject of the King, being domiciled in England or Ireland, or claiming any real or personal estate situated in England, may apply to the High Court of Justice for a decree, declaring that the petitioner is the legitimate child of his parents, and that the marriage of his father and mother ,or of his grandfather and grandmother, was a valid marriage, or for a decree declaring that his own marriage was valid. See also (English) Legitimacy Act, 1926 (16& 17 Geo. 5, c. 60), applying the 1858Act in cases also of legitimation by subsequent marriage of parents and giving jurisdiction therein to the County Court....
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