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Living Will - Law Dictionary Search Results

Home Dictionary Name: living will Page: 3

Won over

Won over, the expression 'won over' will include case of refusal by witness to give evidence in the case for fear of their lives, Shanker v. State of Uttar Pradesh, AIR 1975 SC 757 (759): (1975) 3 SCC 851....


Transfer

Transfer, a permanent alienation is a transfer and a permanent alienation includes the several kinds of transfers, namely, sale, exchange or gift, Syed Jalal v. Targopal Ram Reddy, AIR 1970 AP 19.Transfer, cannot have the widest comprehension, and does not indicate or include compulsory transfer or forced transfer, like court auction sale, Kharva Gigabhai Mavji v. Soni Jagjivvan Kanji, 1979 (20) Guj LR 256.Transfer, connotes, normally, between two living persons during life; will take effect after demise of the testator and transfer in that perspective becomes incongruous, State of West Bengal v. Kailash Chandra Kapur, (1997) 2 SCC 387.Transfer, Decrees which would have the effect of extinguishing the tittle of the holder and nesting the same in some one else though not falling within the ordinary meaning of the phrase 'transfer of property' would be 'transfers' within the meaning of the term as used in ss. 4 and 5, Jagdish v. State of Madhya Pradesh, AIR 1993 MP 132. [See M.P. Ceiling...


Liberty

Liberty, a franchise, being a royal privilege or a branch there of, subsisting in the hands of a subject, as a liberty to hold pleas in a Court of one's own.The privileged districts, called liberties from being exempt from the sheriff jurisdiction, having separate commissions of the peace, and not being incorporated boroughs, might, by Order in Council, be united with the counties in which they were situate upon petition of the justices of the liberty or of the Courts, under the (English) Liberties Act, 1850 (13 & 14 Vict. c. 105), of which statute, it is believed, but little advantage was taken. As to election of a 'people's magistrate,' in 1891, by the tenants and inhabitants of the liberty of Havering-atte-Bower, in Essex, see Law Journal for July 11, 1891.By s. 48, sub-s. 1, of the Municipal Corporations Act, 1888, every liberty and franchise of a county forms for the purpose of that Act part of the county of which it forms part for the purposes of parliamentary elections.--liberty...


life in being

life in being :the life of a particular person (as a lineal descendant) in existence at the time of the creation of a deed or will or at the time of the testator's death [the interest must vest by the end of lives in being plus 21 years] see also rule against perpetuities ...


Frater fratri uterino non succedet in h'reditate paterna.

Frater fratri uterino non succedet in h'reditate paterna.--(A brother shall not succeed a uterine brother in the paternal inheritance.)The maxim is now superseded; for by the Inheritance Act, 1833 (3 & 4 Wm. 4, c. 106), s. 9, the half-blood inherit next after any relation in the same degree of the whole blood and his issue where the common ancestor is a male, and next after the common ancestor where a female, so that the brothers of the half-blood, on the part of the father, inherit next after the sisters of the whole blood on the part of the father and their issue, and the brothers of the half-blood on the part of the mother inherit next after the mother.This rule still applies in regard to (a) the devolution of entailed interests in real or personal property (Law of Property Act, 1925, s. 130 (4), and Law of Property (Amend.) Act, 1924, 9th Sched.), (b) the ascertainment of heirs as purchasers under limitations by deed or will coming into operation after 1925 under s. 132, ibid., and...


Fabric lands

Fabric lands [ad fabricam reparandam, Lat.], land given to provide for the rebuilding or repair of cathedrals and churches. Anciently, almost every person gave something by his will to be applied in repairing the fabric of all cathedral or parish church where he lived....


Periscians

Those who live within a polar circle whose shadows during some summer days will move entirely round falling toward every point of the compass...


existentialism

a philosophical theory or attitude having various interpretations generally emphasising the existence of the individual as a unique agent with free will and responsibility for his or her own acts though living in a universe devoid of any certain knowledge of right and wrong from ones plight as a free agent with uncertain guidelines may arise feelings of anguish Existentialism is concerned more with concrete existence rather than abstract theories of essences is contrasted with rationalism and empiricism and is associated with Kierkegaard Heidegger and Sartre as well as others...


public charge

public charge Refers to becoming dependent upon the government for the expenses of living (food, shelter, clothing, etc.). Following U.S. immigration law, an applicant is ineligible for a visa if he/she will be a public charge. Source: Department of State. March 2007. ...


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...



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