Lineally - Law Dictionary Search Results
Home Dictionary Name: lineally Page: 3In the son or daughter of such a female
In the son or daughter of such a female, even in the absence of the words which were inserted by the Amendment Act of 1964 in s. 15(2)(b) the only possible interpretation and meaning of the words 'in the son or daughter of such female' could have reference to and cover the son or daughter of the husband of the female. The entire scheme of sub-s. (2) of s. 15 is that the right of pre-emption has been confined to the issues of the last male holder from whom the property which has been sold came by inheritance. Looking at clause (a) of sub-s. (2) where the property which has been sold has come to the female from her father or brother by succession the right of pre-emption has been given to her brother or brother's son. If the son or daughter of the female who has sold the property could refer to her son or daughter from a husband other than the one from whom the property devolved on her, it would be contrary to the scheme and purpose of sub-s. (2) which essentially is to vest the right of...
Garter
Garter. The Order of the Garter, constituted by King Edward III. About 1348, has since June 28, 1831, consisted of the Sovereign and twenty-five Knight Companions, such lineal descendants of King George I. as may have been elected, and of Sovereigns and extra Knights who have been admitted by special statutes. The Prince of Wales is a constituent part of the original institution, The Habit and Ensigns of the Order comprise (inter alia) (1) a garter of dark blue velvet edged with gold bearing the motto Honi soit qui mal y pense, in gold letters with buckle and pendant of gold richly chased. It is worn on the left leg, below the knee; (2) a collar of gold; (3) the Lesser George or Badge; and (4) a Star of eight points of silver. At death the Badge and Star are delivered up to His Majesty by the knight's nearest male relative, the Collar and Garter being returned to the Central Chancery. The Chappel of St. George, Windsor Castle, is the Chapel of the Order, Debrett's Peerage....
Escheat
Escheat [eschet or echet, formed from the word eschoir or echoir, Fr., to happen], a species of reversion; it is a fruit of seigniory, the Crown or lord of the fee, from whom or from whose ancestor the estate was originally derived, taking it as ultimus h'res upon the failure, natural or legal, of the intestate tenant's family.Escheat to the Crown, the Duchy of Lancaster, the Duke of Cornwall and to mesne lords has been abolished by (English) Administration of Estates Act, 1925, s. 45(1). The right of the Crown to 'bona vacantia' now includes real property under (English) A.E. Act, 1925, s. 46. See BONA VACAN-TIA.The title of the Crown was ascertained by inquiry regulated by rules under the (English) Escheat Procedure Act, 1887 (50 & 51 Vict. c. 53), which repealed, as practically inoperative, the numerous statutes from 29 Edw. 1, by which officers called 'escheators' were authorized to hold such inquiries.If differed from a forfeiture [now abolished for treason or felony by the (Engli...
Distribution, Statute of
Distribution, Statute of (22 & 23 Car. 2, c. 10), now only applied to intestacies prior to 1926, repealed by (English) Administration of Estates Act, 1925 (see WIDOW), explained by the Statute of Frauds, 29 Car. 2, c. 3, enacts that the surplusage of intestates' personal estate (except of femes covert, the administration and enjoyment of whose estates belonged, at Common Law, to their husbands-but see MARRIED WOMEN'S PROPERTY) shall, after the expiration of one year from the death of the intestate, be distributed in the following manner: one-third shall go to the widow of the intestate, and the residue in equal proportions to his children, or, if dead, to their representatives, that is, their lineal descendants; if there be no children or legal representative subsisting ,then a moiety shall go to the widow, and a moiety to the next of kindred in equal degree, and their representatives; if no widow, the whole shall go to the children; if neither widow nor children, the whole shall be di...
Conditional fee
Conditional fee. This species of formerly inheritable freehold (now, equitable interest, except under (English) Law of Property Act, 1925, s. 8) is marked, as to its duration or time of continuance, by an event beyond which it is not to endure. The event is the qualification which gives a name to this estate, and ascertains its determination. A fee qualified is frequently called a fee base, i.e., impure, defective, and circumscribed. There is hardly any event, provided it be lawful, and do not violate the rule against perpetuity, which may not be made the cause of the determination of this fee.The following events are specimens of qualifications, which may be expressly annexed to this estate.A limitation to A. and his heirs--(1) Peers of the realm;(2) Lords of the manor of Blackacre;(3) Tenants of the manor of Dale;(4) During the time whilst a particular tree shall stand;(5) Till the marriage of a certain person takes place;(6) Till certain debts be paid;(7) Till default be made in pay...
Collateral
Collateral, indirect, sideways, that which hangs by the side; applied in several ways, thus:--collateral assurance, that which is made over and above the deed itself; collateral consanguinity or kindred, which descend from the same stock or ancestor as the lineal relation, but do not descend one from the other, as the issue of two sons; collateral issue, where a criminal convict pleads any matter allowed by law, in bar of execution, as pregnancy, pardon, an act of grace, or diversity of person, viz., that he or she is not the same that was attained, etc., the issue upon which when taken is tried by a jury instanter; collateral security, where a deed is made of other property, besides that already mortgaged, for the better safety of the mortgagee (see Re Athill, (1880) 16 Ch D 211) or a bill of exchange given, or pledge deposited to secure a pre-existing debt; and collateral contract, where a contract by word of mouth co-exists [see e.g., Morgan v. Griffiths, (1871) LR 6 Ex 70; De Lassa...
Atavus
Atavus, the father of a great-great-grandfather or great-great grandmother. The ascending line of lineal ancestry runs thus:-Pater, Avus, Proavus, Avabus, Atavus, Tritavus, the seventh generation in the ascending scale will be Tritavi-pater, and the next above it, Proavi-atavus, Juv. Sat. iii 312....
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...
Millimeter
A lineal measure in the metric system containing the thousandth part of a meter equal to 03937 of an inch See 3d Meter...
Linear
Of or pertaining to a line consisting of lines in a straight direction lineal...
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