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Orphans Court - Law Dictionary Search Results
orphans' court
orphans' court ...
probate court
probate court : a court that has jurisdiction over the probate of wills and administration of estates and sometimes over the affairs of minors and persons adjudged incompetent compare orphans' court ...
Prerogative courts
Prerogative courts. The two archbishops have each of them a prerogative Court. The appeal is to the Privy Council, 2 & 3 Wm. 4, c. 92. See now Jud. Act, 1925, ss. 20 (a), 107, replacing Court of Probate Act 1857, s. 4, which took away their jurisdiction in testamentary matters, 2 Steph. Com.Distinct tribunals for the establishment of wills and administration of the assets of men dying either with or without wills are variously called 'Preroga-tive Courts', 'Probate Courts', 'Surrogate Courts' and 'Orphan's Courts'....
Orphan
Orphan, a fatherless child or minor, or one deprived of both father and mother.The Lord Chancellor is the general guardian of all orphans and minors throughout the realm. See GUARDIANSHIP; WARD OF COURT.By the (English) Poor Law Act, 1930 (20 & 21 Geo. 5, c. 17), local county or borough councils may assist the emigration of poor orphans (see s. 68, ibid.).The (English) Windows, Orphans and Old Age Contributory Pensions Acts, 1925-1935, provide for pensions for orphans of persons insured under the (English) National Health Insurance Acts under these Acts, 'orphan' means a child, both of whose parents are dead (15 & 16 Geo. 5, c. 70, s. 44).In London the Lord Mayor and Aldermen have in their Court of Orphans the custody of the orphans of deceased freemen, and also the keeping of their land and goods; accordingly the executors and administrators of freemen leaving such orphans are to exhibit inventories of the estate of the deceased, and give security to the Chamberlain for the orphan's p...
Emigration of poor persons
Emigration of poor persons. See Poor Law Act, 1930 (20 Geo. 5, c. 17), s. 68, by which the council of any county or county borough may, with the consent of the Minister of Health, and in compliance with such rules, orders, and regulations as he may prescribe, procure, or assist in procuring the emigration of, any orphan or deserted child under 16 who is chargeable to the county or county borough; any poor person who is chargeable, or would be, if relieved, be chargeable to the county or county borough; any poor person having a settlement in the county or county borough. In the case of an orphan or deserted child the child must give its consent before a petty criminal court....
Charities, or Public Trusts
Charities, or Public Trusts. One of the earliest fruits of the Emperor Constantine's zeal, or pretended zeal, for Christianity, was a permission to his subjects to bequeath their property to the Church. This permission was soon abused to so great a degree as to induce the Emperor Valentinian to enact to Mortmain Act by which it was restrained. But this restraint was gradually relaxed; and in the time of Justinian it became a fixed maxim of civil law that legacies to pious uses (which included all legacies destined to works of charity, whether they related to spiritual or temporal concerns) were entitled to peculiar favour, and to be deemed privileged testaments.Lord Thurlow was clearly of opinion that the doctrine of charities grew up from the civil law; and Lord Eldon, in assenting to that opinion, has judiciously remarked, that at an early period that ordinary had the power to apply a portion of every man's personal estate to charity; and when afterwards the statute compelled a distr...
Charity Commissioners
Charity Commissioners. The Charity Commissio-ners for England and Wales are a body appointed under the provisions of the Charitable Trusts Acts, 1853 to 1925, and their powers and duties are to be found in these Acts. They exercise very extensive powers of management and control over charities, including power to authorize sales, exchanges, leases and mortgages of charity property; to frame new schemes where the original terms of the trust can no longer be literally or beneficially complied with; to investigate the accounts of charitable trusts; to sanction proceedings by the trustees and give them advice, and many other powers. There are, however, certain institutions exempted from their jurisdiction, e.g., certain universities and colleges, registered places of worship, and charities wholly supported by voluntary contributions; see s. 62 of the Act of 1853, the construction of which has given rise to great difficulties, and the judgment of Davey, L.J., in Re Clergy Orphan Corporation...
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