Per Stripes - Law Dictionary Search Results
Home Dictionary Name: per stripesPer stripes
Per stripes (by the right of representation-literally, according to the stocks). See PER CAPITA....
Capita, Per
Capita, Per (by heads). Distribution of personalty per capita (professedly borrowed from the civilians, and enacted in the Statute of Distribution) happens when all the claimants claim in their own right, in equal degree of kindred, and not jure representationis (per stripes), in the right of another person, as if the next of kin be the intestate's three children, A., B., and C.; here the intestate's personalty is divided into three equal portions, and distributed per capita, one to each. The expression 'per capita, does not occur in the Administration of Estates Act, 1925, which repealed the Statute of Distribution and altered and diminished family rights in the distribution of intestate estates. See Widow in regard to all deaths after 1925....
Gavelkind
Gavelkind. A mode or rule of descent by custom abolished by the Administration of Estates Act, 1925, s. 45(1)(a), in the case of all deaths after 1925 except in regard to entailed estates, and descent from a person of unsound mind, as provided by s. 51 (ibid.), and see (English) L.P. Act, 1922, 12th Sched. (1)(d), and Re Price, 1928 Ch 579. The word is derived from the Saxon word 'gafol,' or, as it is otherwise written, 'gavel,' which signifies 'rent' or a 'customary performance of husbandry works'; accordingly the land which yielded this kind of service, in contradistinction to knight-service land, was called 'GAVELKIND' that is 'land of the kind that yields rent.' Lambarde (Perambulations of Kent, Edn. 1656, p. 585) first advanced and promulgated this supposition, which does not seem to be sufficiently comprehensive since 'gavelkind' does not necessarily denote land subject to rent, in opposition to the opinion of Lord Coke, who traced the word to 'gave all kinde' 'for the custom giv...
Statutory trusts
Statutory trusts. for the purposes of the (English) Law of Property Act, 1925, land held upon 'statutory trusts' shall be held upon trust for sale and to stand possessed of the net proceeds of sale after payment of costs and net rents and profits until sale subject to rates, taxes, and cost of insurance, repairs, and other outgoings, upon trust for the persons entitled under the settlement, including incumbrancers of former undivided shares, or not secured by a legal mortgage, and where an undivided share was subject to a settlement and the settlement remains subsisting in respect of other property and the trustees of the settlement are not the same persons as the trustees for sale the settled portion of the proceeds of sale is to be handed over to the settlement trustees as capital money under the (English) Settled Land Act, 1925 (s. 35 of the Law of Property Act, 1925). By s. 25, (English) L.P. Act, 1925, the trustees have power to postpone the sale unless a contrary direction appear...
Stirpes
Stirpes. See PER STRIPES...
per se
per se [Latin, by, of, or in itself] 1 : inherently, strictly, or by operation of statute, constitutional provision or doctrine, or case law [the transaction was illegal per se] see also negligence per se at negligence nuisance per se at nuisance 2 : without proof of special damages or reference to extrinsic circumstances [defamatory statements that were actionable per se] compare per quod adj : being such inherently, clearly, or by operation of statute, constitutional provision or doctrine, or case law [it is clear that licensing of adult entertainment establishments is not a per se violation of the First Amendment "Club Southern Burlesque, Inc. v. City of Carrollton, 457 S.E.2d 816 (1995)"] [a per se conflict of interest] ...
Qui facit per alium facit per se
Qui facit per alium facit per se. Co. Litt. 258, (He who acts through another, acts through himself.) See AGENT.The resolution of the Standing Committee is referred to in the notice itself. To all intents and purposes then the notice which the Chief Officer signed is a notice issued by the Standing Committee in accordance with the maxim qui facit per alium facit per se. Emperor v. Heptulla Alibhai, AIR 1930 Bom 352.The maxim the law of agency is not a doctrine of criminal law, but of civil law, Maung New v. Maung Po Hla, AIR 1937 Rang 117.The rule as to agency is expressed in the maxim qui facit per alium, facit per se, Motilal Channoolal Vaish v. Golden Tobacco Co., AIR 1957 MP 223. (Contract Act, 1875, s. 182)...
per capita
per capita [Medieval Latin, by heads] 1 : equally to each individual [all property to pass to the descendants per capita] used of a method of distributing an esp. intestate estate compare per stirpes NOTE: Per capita distribution of an estate provides each descendant with an equal share of the estate's assets regardless of the degree of his or her kinship. Children, grandchildren, great-grandchildren, etc., all receive equal shares. 2 : per unit of population : by or for each individual [a high per capita tax burden] ...
per diem
per diem [Latin] : by the day : for each day [paid per diem] adj 1 : based on use or service by the day [per diem compensation] 2 : paid or calculated by the day [per diem interest] n 1 : a daily allowance [received a per diem for expenses] 2 : a daily fee [paid a per diem for maintenance of the equipment] ...
Per capita
Per capita (by the number of individuals), opposed to per stirpes (by the number of families); if a man die and leave all his goods 'among my grandsons,' having nine grandsons, one of whom was an only son, and the other eight brethren; then if the division be per stirpes, the only son shall take half the goods as representing one of his grandsire' two children; if the division was to be per capita, he would take a ninth part only as being one of nine grandsons. Whether legatees are to take per stirpes or per capita is often a difficult question of construction; for the authorities, see Theobald on Wills; and see the Administration of Estates Act, 1925, s. 47....
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