Perpetuity - Law Dictionary Search Results
Home Dictionary Name: perpetuity Page: 4 Page 4 of about 154 results (0.002 seconds)Peace, Bill of
Peace, Bill of. This equitable remedy sought repose from perpetual and needless litigation, and protection from a multiplicity of suits, either by establishing and perpetuating a right which the plaintiff claimed and which, from its nature, might be controverted by different persons at different times and by different actions; or where separate attempts had already been unsuccessfully made to overthrow the same right, and justice required that the plaintiff should be quieted in the right if it was already, or if it should be thereafter, established under the direction of the Court. See Sheffield Waterworks v. Yeoman, (1866) LR 2 Ch 8; Kerr on Injunctions.The results obtained by this bill would now generally be obtained by an action in the High Court for a declaration of title and an injunction. See A.P. notes to (English) R.S.C., Ord. XXV., r. 4....
Possibility on a possibility
Possibility on a possibility. Lord Coke lays it down as a rule that the event on which a remainder is to depend must be a common possibility, and not a double possibility, or a possibility on a possibility, which the law will not allow. Thus he tells us that the chance that a man and a woman, both married to different persons, shall themselves marry one another is but a common possibility. But the chance that a married man shall have a son named Geoffrey is stated to be a double or remote possibility; see Williams on Real Property; 2 Rep. 51 a; 10 Rep. 50 b; Co. Litt. 184 a. The idea that there cannot be a possibility and a possibility seems to have been a conceit invented by Popham, C.J., but it was never really intelligible, Whitby v. Mitchell, (1890) 44 Ch D p. 92, per Lindley, LJ, and never applied to trusts of personal estate [Re Bowles, (1902) 2 Ch 650]. It gave rise, however, to the rule, now well settled in regard to limitations and trusts of realty created by instruments comin...
Power
Power, in respect of court the word 'power' means an authority expressly or impliedly conferred on the court by law to do that which without that sanction it could not have done, consent cannot give jurisdiction, K.E. v. Vithu, (1899) 1 Bom LR 157.Power, is an authority reserved by, or limited to, a person to dispone, either wholly or partially, of movable or immovable property, either for his own benefit or for that of others. The word is used as a technical term and is distinct from the dominion which a man has over his own estate by virtue of ownership, Stroud's Judicial Dictionary.Power, is not synonymous with jurisdiction, K.E. v. Vithu, (1899) 1 Bom LR 157.Power, may be general or implied. The general powers are such as the donee can exercise in favour of such person or persons as he pleases, including himself, Mahadeo Ramchandra v. Damodar Vishwanath, AIR 1957 Bom 218.Means any form of energy which is not generated by human or animal agency. [The Gujarat Lifts and Escalators Act...
Reading-in
Reading-in. The title of a person instituted or licensed to any benefice with cure of souls or perpetual curacy will be divested unless be publicly read in the church of the benefice, on the first Lord's-day on which he officiates, the Thirty-nine Articles, with a declaration of his assent thereto, and to the Book of Common Prayer, Clerical Subscription Act, 1865 (28 & 29 Vict. c. 122), s. 7.. The title of a person instituted or licensed to any benefice with cure of souls or perpetual curacy will be divested unless be publicly read in the church of the benefice, on the first Lord's-day on which he officiates, the Thirty-nine Articles, with a declaration of his assent thereto, and to the Book of Common Prayer, Clerical Subscription Act, 1865 (28 & 29 Vict. c. 122), s. 7....
remote
remote re·mot·er -est 1 a : far removed in space, time, or relation [ancestors of a more degree] b : exceeding the time allowed under the rule against perpetuities for the vesting of interests [the residuary clause…violates the rule against vesting "Estate of Grove, 70 Cal. App. 3d 355 (1977)"] ;also : being in violation of the rule against perpetuities [a contingent estate] 2 : acting, acted on, or controlled indirectly or from a distance 3 a : not proximate or acting directly b : not arising from the effect of that which is proximate 4 : small in degree [a possibility of paternity] re·mote·ly adv re·mote·ness n ...
Land-tax
Land-tax, means a tax laid upon land and houses, which in 1689 (1 Will. & Mary, c. 3) superseded all the former methods of taxing either property or persons in respect of their property, whether by tenth or fifteenths, subsidies on land, hydages, scutages, or talliages. Although generally a charge upon a landlord, yet it is a tax neither on landlord nor tenant, but on the beneficial proprietor, as distinguished from the mere tenant at rack-rent; and if a tenant have to any extent a beneficial interest, he becomes liable to the tax pro tanto, and can only charge the residue on his landlord. Houses and buildings appropriated to public purposes are not liable to land-tax. As to its origin and inequality, see 3 Hall. Cons. Hist. 135; Miller on the Land-tax; Bourdin on Land-tax.The more agricultural counties, upon which the burden of the tax has fallen most heavily by reason of the depreciation in value of agricultural land, were greatly relieved by s. 31 of the (English) Finance Act, 1896,...
Magna Carta
Magna Carta, [Latin 'great charter'] The English charter that King John granted to the barons in 1215 and Henry III and Edward I later confirmed. It is generally regarded as one of the great common-law documents and as the foundation of constitution liberties. The other three great charters of English Liberty are the Petition of Right (3 Car. (1628)), the Habeas Corpus Act (31 Car. 2 (1679)), and the Bill of Rights (1 Will. SM. (1689)). Also spelled Magna charta, Black's Law Dictionary, 7th Edn., p. 963.This Great Charter is based substantially upon the Saxon Common Law, which flourished in this kingdom until the Normaninvasion consolidated the system of feudality, still the great characteristic of the principles of real property. The barons assembled at St.Edmund's Bury, in Suffolk, in the later part of the year 1214, and there solemnly swore upon the high alter to withdraw their allegiance from the Crown, and openly rebel, unless King John confirmed by a formal charter the ancient li...
Trust
Trust, is a comprehensive expression, as covering not only the relationship of trustee and beneficiary but also that a bailor and bailee master and servant pledger and pledgee, guardian and ward and all other relations which postulate the existence of fiduciary relationship between the complainant and the accused, State v. K.P. Jain, (1983) 2 Crimes 947 (All).Trust, is a trust for public purposes, the substances and primary intention of the creator must be seen, Shabbir Husain v. Ashiq Husain, AIR 1929 Oudh 225.Trust, is an obligation annexed to ownership. A trustee holds property 'subject' to an obligation, which the testator has imposed upon him, Mahadeo Ramchandra v. Damodar Vishwanath, AIR 1957 Bom 218: (1957) 59 Bom LR 478.Means any arrangement whereby property is transferred with intention that it be administered for another's benefit is a trust. It casts an obligation on the trustee to use the property for achieving the purpose for which the trust is created, Baba Jamuna Das Mah...
Cemetery
Cemetery [fr. Koimhthriou, Gk., fr. Koim'w, to set to sleep], a place of burial differing from a churchyard by its locality and incidents; by its locality, as it is separate and apart from any parochial church, though it has ordinarily a chapel of its own for the performance of a burial service; by its incidents, as it is usually the property of some private company, incorporated by special Act of Parliament, empowered to take land compulsorily, and subject to the Cemeteries Clauses Act, 1847 (10 & 11 Vict. c. 65) (see Chitty's Statutes, tit. 'Burial'), by which, amongst other things, provision is made for obtaining a burial place in perpetuity....
Sole, Corporation
Sole, Corporation, one person and his successors, who are incorporated by law, in order to give them some legal capacities and advantages, particularly that of perpetuity, which in their natural persons they could not have had; as the sovereign, a bishop, parson, etc., Steph. Com., 7th Edn., i. 358; iii. 4.The word 'successors' was essential in order to pass the fee simple in a grant to a corporation sole; without it, a life estate only passes: Co. Litt. 94 b. Words of limitation are not now necessary to convey land to a corporation sole [(English) Law of Property Act, 1925, s. 60], and by s. 180 (ibid.) any property which vested at any time in a corporation sole, including the Crown, passes and always has passed to his successors unless disposed of by him, and on his death it does not pas to his personal representatives but to his successor [Administration of Estates Act, 1925, s. 3 (5)]. In the event of a vacancy in office, see s. 180, L.P. Act, 1925. As to the property on a dissolut...
- << Prev.
- Next >>