Mutual Testaments - Law Dictionary Search Results
Home Dictionary Name: mutual testamentsMutual testaments
Mutual testaments, wills made by two persons who leave their effects reciprocally to the survivor. Either will may be revoked by notice during the joint lives, but the survivor cannot revoke his or her will if the benefit of the other will has been taken, see Stone v. Hoskins 1905, P. 194; In Estate of Heys, 1914, P. 192....
testament
testament [Latin testamentum, from testari to call as a witness, make a will, from testis witness] 1 : an act by which a person determines the disposition of his or her property after death [a of property] 2 : will NOTE: A testament was formerly concerned specifically with personal property, as in the phrase last will and testament. Now a will covers both personal and real property and the terms will and testament are generally synonymous, but the phrase lives on. tes·ta·men·ta·ry [tes-tə-men-tə-rē] adj ...
Testament
Testament, a disposition of personal property to take place after the owner's decease, according to his desire and direction. See WILLS.As to the modes of making a testament according to the Civil Law, see Sand. Just.; Cumn. C.L. 117; Maine's Anc. Law.The word 'testament' is derived form 'testatio mentis', it testifies the determination of the mind, Uma Devi Nambiar v. T.C. Sidhan, (2004) 2 SCC 321 (328). [Succession Act, 1925, ss. 57, 58, 59]Means a Will disposing of personal property, Black's Law Dictionary, 7th Edn., p. 1484...
Mutual account
Mutual account, a 'mutual account' means not merely where one of the parties has received money and paid it on account of the other, but where each of the two parties has received and paid on the other's account. Transactions creating obligations on one side, those on the other being merely complete or partial discharges thereof, are not enough to constitute mutual account. The account is not rendered 'mutual' by the mere shifting of the balance on same occasions....
Mutual dealing
Mutual dealing, Mutual Credit or mutual dealings under s. 46, Provincial Insolvency Act, means reciprocal demands which must be naturally terminated in a debt. In a case where there are reciprocal demands available by one party against the other in the same capacity, it is a clear case of mutual dealings, in which a set-off is a matter of course, H. Naik v. Panchanan Das, ILR 1952 Cut 307; see also Aiyar's Judicial Dictionary, 11th Edn., 1992, p. 782....
Mutual debts
Mutual debts, money due on both sides between two persons.-See SET-OFF; and as to mutual credits, debts, or other mutual dealings between a debtor afterwards becoming bankrupt and a person proving a debt against him, see s.31 of the Bankruptcy Act, 1914, and Eberle's Hotel Co. v. Jonas, (1887) 18 QB 459....
Mutual Will
Mutual Will, a will is mutual when two testators confer upon each other reciprocal benefits, as by either of them constituting the other his legatee; that is to say, when the executants fill the roles of both testator and legatee towards each other. But where the legatess are distinct from the testators, there can be no question of a mutual will, Kochu Govidan Kaimal v. Thayankoot Thekkot, AIR 1959 SC 71 (75). (Succession Act, 1925, s. 74)...
Mutuality
Mutuality, reciprocation; the state of things in which one person being bound to perform some duty or service or act for another, that other on his side is bound to do something for the former.A memorandum under the 4th s. of the (English) Sale of Goods Act, 1893 (Statute of Frauds, s. 17), or the (English) Law of Property Act,1925, s. 40 (Statute of Frauds, s. 4), does not require mutual signatures to bind the party signing, but if it can be shown that the signature of one party was dependent on the other party signing, the claim on the contract would fail, in the absence of both signatures, because the condition has not been fulfilled, Halsburry L.E., Hailsham Ed., vol. 7, p. 124. As to the want of mutuality as a defence to an action for specific performance, see Fry on Specific Performance....
mystic testament
mystic testament : mystic will at will ...
secret testament
secret testament : mystic will at will ...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial