Per Stirpes - Law Dictionary Search Results
Home Dictionary Name: per stirpesper 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 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....
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] ...
Stirpes
Stirpes. See PER STRIPES...
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...
representation
representation 1 : one that represents: as a : a statement or account made to influence opinion or action compare warranty b : an incidental or collateral statement of fact on the faith of which a contract is entered into [the contract of sale contains a by the purchaser "U.S. Code"] ;specif : a statement of fact made by an applicant to an insurer for the purpose of obtaining insurance 2 : the act or action of representing: as a : the action or fact of one person standing for another so as to have the rights and obligations of the person represented b : the substitution of an individual or class in place of a person (as when a child or children take the share of an estate that would have fallen to a deceased parent) see also per stirpes c : the action of representing or the fact of being represented esp. in a legislative body d : the act or action by a lawyer of providing legal advice to a client and appearing (as in court) to speak and act on the client's behalf 3 : the b...
root
root in the civil law of Louisiana : descendant by roots : per stirpes ...
stirpital
stirpital : of or relating to per stirpes distribution ...
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)...
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