Personal Representative - Law Dictionary Search Results
Home Dictionary Name: personal representativeAssent of personal representatives
Assent of personal representatives, At Common Law the personal estate passing by the will of a deceased person, including chattels real vested in the executor, virtute officii. The property passed to the legatee as soon as the executors assented to the bequest. The transfer was made not by the mere force of the assent but by virtue of the will, Attenborough v. Solomon, 1912 AC 76, and the assent might be given to one executor. No formalities were required. The assent might be implied, for instance, in the case of lease holds, by letting the person entitled into possession or the receipt of rent and profits, but the assent was required to be definite and unambiguous. When given it related back to the date of death and as a rule it could not be withdrawn [but see Whittaker v. Kershaw (1890), 45 CD 320]. This is still the law in regard to pure personalty, excluding chattels real. Before the (English) Land Transfer Act, 1897 (60 & 61 Vict. c. 65) real estate passed to the heir-at-law of th...
personal representative
personal representative : one recognized as the representative of another party or his or her interests ;specif : an executor or administrator who may bring or be subject to an action or proceeding for or against a deceased person and his or her estate [when a person who has brought an action for personal injury dies pending the action, such action may be revived in the name of his personal representative "Code of Virginia"] ...
Special personal representatives
Special personal representatives. The name given to the personal representatives of a tenant for life in connection with settled land which has been settled otherwise than by his will or by way of trust for sale. They should be the trustees of the settlement and their duties are to convey the land to the tenant for life or statutory owner entitled upon the death of the testator subject to provision by them for death duties (see Law of Property Act, 1925, s. 16). If there is no appointment to that effect the testator will be deemed to have appointed the trustees of the settlement as the special representatives. Upon an intestacy, probate may and should be granted to them for the purposes [see (English) Settled Land Act, 1925, s. 7 (1), and (English) Administration of Estates Act, 1925, ss. 22 to 24]. If the settlement has come to an end with the testator's death, these provisions do not apply, Bridgett and Hayes' Contract, 1928 Ch 163....
Personal Representatives
Personal Representatives, executors or administrators of a deceased person. See EXECUTOR; ADMINISTRATOR; and REAL REPRESENTATIVE....
Real representative
Real representative. The name formerly given to a personal representative on whom real estate devolved on the death of any person between the 31st December, 1897, and the 1st January, 1926, under the provisions of the (English) Land Transfer Act, 1897.Prior to the commencement on the 1st of January, 1898, of the (English) Land Transfer Act, 1897 [see (English) TRANSFER OF LAND ACTS], the real estate of a deceased person vested in his heir, heiresses, or devisees, and his personal estate in his executors or administrators. The (English) Land Transfer act, 1897, (60 & 61 Vict. c. 65), reproduced and extended by the (English) Administration of Estates Act, 1925, established a real representative in the person of the executor or administrator of any person dying after the commencement of that Act, in whom all his real estate except copyhold was vested notwithstanding his will, unless, as in a joint tenancy, any other person had a right to take by survivorship, so that one and the same pers...
representative
representative 1 : serving to represent 2 a : standing or acting for another esp. through delegated authority [an agent acting in a capacity] b : of, based on, or constituting a government in which the people are represented by individuals chosen from among them usually by election 3 : of or relating to representation n : one that represents another or others in a special capacity: as a : one that represents a constituency as a member of a legislative or other governing body ;specif : a member of the House of Representatives of the U.S. Congress or a state legislature b : one that represents another as agent, deputy, substitute, or delegate and that usually is invested with the authority of the principal c : one that represents or stands in the place of a deceased person : personal representative d : one that represents another as successor or heir e : one named as the plaintiff or defendant in a class action to litigate on behalf of the class ...
Personal property
Personal property, money, goods, cattle, chattels, stocks, shares, securities, debts, etc., and also leases for years, however long. Personal property is either in possession, or in action, where a man has not the actual occupation of the thing, but only a right to it arising upon some contract, and recoverable by an action at law.Any person may assign personal property, including chattels real, directly to himself and another person or other persons or corporation, by the like means as he might assign the same to another, Law of Property Amendment Act, 1859, s. 21.This was extended by the (English) Emergency Act, 1881, to conveyances of freehold land or choses in action by a husband to a wife or e contra. Now, by the (English) Law of Property Act, 1925, s. 72, a person may convey real or personal property to himself alone.In the case of real property there can be no such thing as an absolute ownership in the subject-matter, i.e., land; the utmost that any one, even an owner in fee sim...
Delectus person'
Delectus person' (the choice of a person). It is an established principle of the Common Law that, as a partnership can commence only by the voluntary contract of the parties, so, when it is once formed, no third person can be afterwards introduced into the firm without the concurrence of all the partners who compose the original firm. It is not sufficient to constitute the new relation that one or more of the firm shall have assented to his introduction; for the dissent of a single partner will exclude him, since it would, in effect, otherwise amount to a right of one or more of the partners to change the nature, and terms, and obligations of the original contract, and to take away the delectus person', which is essential to the constitution of a partner-ship. So stubborn, indeed, is this rule, that even the executors and other personal representatives of a partner do not, in that capacity, succeed to the state and condition of that partner. The Roman Law is directed to the same purpos...
Representative
Representative, bearing the character or power of another. Before 1926, an heir-at-law or devisee was a real representative; an executor or administrator is a personal representative. See now definition in the (English) Settled Land Act, 1925, s. 117 (xviii.), and Administration of Estates Act, 1925, s. 55 (xi.). If the plaintiff sues, or any of the defendants is sued, in a representative character, this must be stated on the writ, and must also appear in the title or heading of the statement of claim [Ord. III., r. 4; Re Tottenham, (1896) 1 Ch 628], and Ord. XVI., r. 19, as to representation of parties in an action.One who stands for or act on behalf of another, Black's Law Dictionary, 7th Edn., p. 1304...
legal representative
legal representative : one who represents or stands in the place of another under authority recognized by law esp. with respect to the other's property or interests: as a : personal representative b : an agent having legal status ;esp : one acting under a power of attorney ...
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