Per Capita - Law Dictionary Search Results
Home Dictionary Name: per capitaper 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 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....
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 The expression 'per capita, does not occur in the Administration of Estates Act, 1925, which repealed the Statute of Distribution and altered and diminished family rights in the distribution of intestate estates.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....
per stirpes
per stirpes [Latin, by familial stocks] : by right of representation [the estate was divided per stirpes] used of a method of distributing an esp. intestate estate compare per capita NOTE: Per stirpes distribution provides for division of an estate equally among the members of the group of descendants having a particular degree of kinship (as children), with the issue (that is, the offspring) of a deceased member of that group representing the deceased member, taking the deceased member's share, and dividing it equally among themselves. For example, if a decedent had three children, one of whom had already died leaving issue, the estate would be divided into thirds, with each living child receiving a one-third share, and the issue of the deceased child dividing a one-third share equally amongst themselves. ...
Per stripes
Per stripes (by the right of representation-literally, according to the stocks). See PER CAPITA....
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...
head
head : any of a number of individuals by heads : with an equal share to each individual : per capita used in the rules of intestate succession in Louisiana ...
Rule of Pathnibhagam
Rule of Pathnibhagam, the 'rule of pathnibhagam' is prevalent in various parts of the country. Under the ordinary pathnibhagam a man's sons by different wives get their shares on the basis that whatever their number the property is divided according to the number of wives he had, rather than on a per capita basis, Kaliamma v. Janardhanan Pillai, AIR 1973 SC 1134: (1973) 1 SCC 644: (1973) 3 SCR 503....
Capita
Capita [M. Lat.], abuttals or boundaries....
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