Perpetuity - Law Dictionary Search Results
Home Dictionary Name: perpetuityPerpetuity
Perpetuity, concerns rights of property only, and does not affect the making of contracts, which do not create rights of property, Ram Baran Prasad v. Ram Mohit Hazara, AIR 1967 SC 744: (1967) 1 SCR 293.Is a future limitation, whether executory or by way of remainders, and of either real or personal property which is not to vest until after the expiration of, or will not necessarily vest within the period fixed and prescribed by law for the creation of future estates and interests, Walsh v. Secretary of State for India, (1863) 10 HLC 367.Perpetuity, unlimited duration; exemption from intermission or ceasing, where, though all who have interest should join in a covenant, so that they could not bar or pass the estate. It is odious in law, destructive to the common wealth, and an impediment to commerce, by preventing the wholesome circulation of property.The rule against perpetuities, or the doctrine of remoteness, applies to the corpus of property whether real or personal, and whether li...
perpetuity
perpetuity pl: -ties 1 : the quality, state, or duration of being perpetual [devised to them in ] 2 a : the condition of a future estate limited in such a way as not to vest within the period fixed by law for the vesting of an estate ;also : a limitation that gives rise to such a situation b : an estate that will not vest within the period fixed by law see also rule against perpetuities, statutory rule against perpetuities 3 : an annuity payable forever ...
Perpetuating testimony
Perpetuating testimony. When evidence is likely to be irrecoverably lost, by reason of a witness being old, or infirm, or going abroad before the matter to which it relates can be judicially investigated, equity will, by anticipation, preserve and per-petuate such evidence in order to prevent a failure of justice; and by (English) R.S.C. Ord. XXXVII., R. 35, superseding but substantially reenacting the repealed 5 & 6 Vict. c. 69, any person who would become entitled, upon the happening of any future event, to any honour, title, dignity, or office, or to any property, real or personal, the right or claim to which cannot by him be brought to trial before the happening of such future event, may commence an action to perpetuate any testimony which may be material for establishing such right or claim.This jurisdiction emanates from the anxiety of equity to ward off litigation, where it may be oppressively exercised, by preserving the evidence in maintenance of an unpossessed legal right, or...
perpetuate
perpetuate -at·ed -at·ing : to preserve or make available (testimony) for later use at a trial by means of deposition esp. when the evidence so gathered would be otherwise unavailable or lost NOTE: Courts will not allow the perpetuation of testimony at a pretrial proceeding if it appears to be an attempt to fish for useful material. per·pet·u·a·tion [pər-pe-chə-wā-shən] n ...
rule against perpetuities
rule against perpetuities often cap R&P : a common-law rule stating that in order for a future interest to be good it must vest after its creation (as at the death of a testator) within a life in being or lives in being plus 21 years plus the period of gestation of any beneficiary conceived but not yet born compare life in being, statutory rule against perpetuities, wait and see ...
statutory rule against perpetuities
statutory rule against perpetuities :a statute setting forth the requirements for the vesting of a future interest in property and superseding the common-law rule against perpetuities ;esp : a uniform statute invalidating a future interest in property that is not certain to vest or terminate within a life in being plus 21 years or that does not vest or terminate within 90 years after its creation ...
Perpetuity
The quality or state of being perpetual as the perpetuity of laws...
Perpetual Commissioners
Perpetual Commissioners (under Fines and Recoveries Act, 1833). See COMMISSIONERS, PERPETUAL....
Perpetual curate
Perpetual curate, a minister in holy orders, who is charged with the permanent care of a parochial church, which, although an appropriation, has no endowed vicar. He is entitled to emolument for his services.By the Church Building Act, 1831, churches or chapels built and endowed by particular individuals shall have districts assigned to them, and be deemed perpetual curacies, and the right of nomination thereto shall be vested in the person so building and endowing....
Quaestiones perpetual
Quaestiones perpetual, means perpetual inquiries. Permanent commissions to hear criminal cases, Black's Law Dictionary, 7th Edn., p. 1253...
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