Marry - Law Dictionary Search Results
Home Dictionary Name: marry Page: 2Acknowledgement of a wife's assurance
Acknowledgement of a wife's assurance. If, before 1st January, 1925 [see (English) Law of Property Act, 1925, s. 167], a woman married before 1883 disposed of her estate or interest in lands or her revisionary interest in personal property she was required, unless her title thereto had accrued since 1882, or unless she was entitled thereto for her separate use to comply with the formalities prescribed by the (English) Fines and Recoveries Act, 1833 (3 & 4 Will. 4, c. 74), ss. 77-91, with regard to land, and by 20 & 21 Vict. C. 57, commonly called (English) 'Malins's Act,' which incorporated the procedure of the (English) Fines and Recoveries Act, with regard to reversionary interests in personal estate.The (English) Fines and Recoveries Act requiredthe acknowledgment to be made before two commissioners, but the 7th section of the (English) Conveyancing Act, 1882, substituted one only, and also dispensed with the affidavit and certificate of acknowledgment required by the former Act; se...
Next friend
Next friend. At law, an infant having a guardian might sue by his guardian, as such, or by his next friend, though he must always have defended by his guardian. In equity he sued by next friend, and not by guardian, and defended by guardian ad litem. A married woman, before the Married Women's Property Act, could not sue either at law or inequity unless her husband were joined.Infants may sue as plaintiffs by their next friends in the manner practised before the Jud. Acts in the Court of Chancery (as to which see Dan. Ch Pr., 5th ed. p. 602), and may in like manner defend any action by their guardian appointed for that purpose by Ord. XVI., r. 16. The next friend of an infant is prima facie liable for the costs, which are, however, reimbursed to him out of the infant's estate, provided he have acted properly; but the next friend of a feme covert did not incur the like responsibility. [O. 32, r. 1, C.P.C.]A married woman had, by Ord. XVI., r. 8, of the Rules of 1875, the same right of s...
Anticipation
Anticipation, doing or taking a thing before the appointed time. For anticipation of an invention see PATENTS. A married woman may be restrained by the terms of a will or settlement from aliening, by way of anticipation, property settled to her separate use during coverture. Such a clause absolutely disables her from selling, mortgaging or dealing with the property in anticipation, but it does not apply to income actually accrued due, Hood Barrs v. Heriot, 1896 AC 174, and on the determination of the coverture the restraint is at an end, Tullett v. Armstrong, (1839) 4 My&Cr 377; 1 Beav 1. Such a provision is only effective during coverture; it cannot affect dispositions in favour of a man, Brandon v. Robinson, (1871) 18 Ves 429, or a feme sole. The restraint may be applied either to corpus or income, usually only to the latter; in a marriage settlement the wife's income is almost invariably directed to be paid to her, without power of anticipation.' The L.P. Act, 1925, s. 169, repeatin...
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...
Widow
Widow, a woman whose husband is dead and who has not remarried, Black's Law Dictionary, 7th Edn., p. 1592.A widow is entitled equally with next of kin to administration of her deceased husband's estate subject to the discretion of the Court [see In the Estate of Paine, A.J., (1916) 115 LT 935]In regard to deaths after 1925, by the Administration of Estates Act, 1925, s. 46:-(1) The residuary (real and personal) estate of an intestate shall be distributed in the manner or be held on the trusts mentioned in this s., namely:-(i) If the intestate leaves a husband or wife (with or without issue) the surviving husband or wife shall take the personal chattels (q.v.) absolutely and in addition the residuary estate of the intestate shall stand charged with the payment of a net sum of 1000l. free of death duties and costs to the surviving husband or wife (with interest from date of death at 5 per cent. per annum until paid or appropriated and subject thereto as provided).(a) If the intestate lea...
fiance(e)
fiance(e) A person who plans or is contracted to marry another person. The foreign fiance(e) of an American citizen may enter the United States on a K-1 visa to marry the American citizen. Visit the U.S. Department of State Spouse and Fiance(e) of an American Citizen page to learn more. Source: Department of State. March 2007. ...
Quarantine, or Quarentaine
Quarantine, or Quarentaine. 1. By Magna Carta, the widow shall not be distrained to marry afresh, if she choose to live without a husband, but she shall not, however, marry against the consent of the Lord; and nothing shall be taken for assignment of her dower, but she shall remain in her husband's capital mansion-house for forty days after his death, during which time her dower shall be assigned. These forty days are called the widow's quarantine. Marriage during these forty days forfeits the dower. This right was enforced by writ of Quarantina habenda. See 1 Steph. Com.2. A quantity of land containing forty perches, Leg. Hen. I., c. 16.3. A regulation by which communication with persons, ships, or goods arriving from places infected with the plague, or other contagious disease, or liable thereto, is interdicted for a certain period. The term is derived from the Italian quaranta, forty; it being supposed, that if no infectious disease break out within forty days or six weeks, no furth...
Restraint of marriage
Restraint of marriage. On the ground of public policy, conditions attached to gifts or bequests to a person who has never been married, if in general restraint of marriage, are void, i.e., the donee or legatee takes the gift or bequest whether he or she marry or not; but a condition in restraint of the second marriage, whether of a man or woman, is not void, see Allen v. Jackson, (1875) 1 Ch D 399, and a condition is good if the restraint be partial only, e.g., if there be a bequest, with a gift over if the legatee should marry a particular person, or without a particular person's consent. Consult Theobald on Wills.A condition (esp. in a gift or bequest, that nullifies the grant to which it applies of the grantee marries or remarries, Black's Law Dictionary, 7th Edn., p. 1316....
Magna Carta
Magna Carta, [Latin 'great charter'] The English charter that King John granted to the barons in 1215 and Henry III and Edward I later confirmed. It is generally regarded as one of the great common-law documents and as the foundation of constitution liberties. The other three great charters of English Liberty are the Petition of Right (3 Car. (1628)), the Habeas Corpus Act (31 Car. 2 (1679)), and the Bill of Rights (1 Will. SM. (1689)). Also spelled Magna charta, Black's Law Dictionary, 7th Edn., p. 963.This Great Charter is based substantially upon the Saxon Common Law, which flourished in this kingdom until the Normaninvasion consolidated the system of feudality, still the great characteristic of the principles of real property. The barons assembled at St.Edmund's Bury, in Suffolk, in the later part of the year 1214, and there solemnly swore upon the high alter to withdraw their allegiance from the Crown, and openly rebel, unless King John confirmed by a formal charter the ancient li...
Levitical degrees
Levitical degrees, degrees of kindred within which persons are prohibited to marry. They are set forth in the eighteenth chapter of Leviticus. By 32 Hen. 8, c. 38, it is declared that all persons may lawfully marry, but such as are prohibited by God's law; and it is declared by the same statute, that 'no reservation or prohibition (God's law except) shall trouble or impeach any marriage without the Levitical degrees.' See MARRIAGE....
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