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Freehold

as may endure not only during the owner's life, but which is cast after his death upon the persons who successively represent him. Such persons were called heirs, and he whom they thus represented, the ancestor. When … unshackled, and by far the greater part of the real property in this country is freehold. Such an interest in lands of frank tenement as may endure not only during the owner's life, but which is cast

jurisdiction

the territory of that court in per·so·nam jurisdiction [in-pər-sō-nəm-, -per-sō-nÄ m-] : the jurisdiction granted a court over persons before it that allows the court to issue a binding judgment : personal jurisdiction in this entry in … over property that allows the court to issue binding judgments (as an order for partition) affecting a person's interests in the property compare personal jurisdiction in this entry jurisdiction in personam : in personam jurisdiction in this

Assent of personal representatives

letters of administration (and not the will) being the only relevant link in the chain of title, although persons affected by equitable interests in the land are of course still bound by the terms of the will … letters of administration have been granted, and since the will of itself can only pass or affect equitable interests an assent which satisfies the requirements referred to or a conveyance to the like effect by the personal

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Executor

R.S.C. 1883, Ord. III., r. 4]; and he may sue or be sued without joining the parties beneficially interested in the estate (Ord. XVI., r. 8). Consult Williams or Ingpen on Executors, and Chitty's Statutes, tit. 'Executors … Executor. A person appointed by a testator to carry out the directions and requests in his will, and to dispose of

Heir

AIR 1984 SC 1880 (1884): (1985) 1 SCR 889: (1984) 4 SCC 434. Generally speaking, 'heirs' are those persons whom the law declares to be entitled to the estate of a deceased person, and in common legal … 1926, in deeds and wills executed after 1925, under which the 'heir' may become entitled to an equitable interest in personality and realty corresponding to a real estate by purchase under the old law; see (English) Law

Base fee

the failure of the heirs of the body of that donee to take, and upon that failure the persons next entitled in remainder became entitled to the remainder in tail or in fee simple, as the case … January, 1926, these base fees have lost their quality of legal estates and have been reduced to equitable interests by the (English) L.P. Act, 1925, s. 1(32). Under s. 130(1) of that Act, the right to bar

Merger

by act of law, of a particular in an expectant estate consequent upon their union in the same person without an intervening estate in another person--thus accelerating into possession the expectant which swallows up the particular estate. … the commencement of that Act, be any merger by operation of law only of any estate the beneficial interest in which would not be deemed to be merged or extinguished inequity. In equity merger is, and always

Attendant term

interest remaining in the trustees, to whom it was at its creation limited, or, if deceased, in their personal representatives; but the person entitled to the inheritance then became, according to equitable principle, entitled to the beneficial … originally created has been satisfied or has failed, yet, not being surrendered, it continued to exit, the legal interest remaining in the trustees, to whom it was at its creation limited, or, if deceased, in their personal

Lawful, Legal

Law Dictionary) Lawful on the other hand is defined as, 'legal, warranted or authorised by law'. Jurisprudentially a person in physical control or de facto possession may have an interest but no right to continue whereas a … some legal basis. The former may be uncertain in character and may even be without any basis or interest but the latter is founded on some rule, sanction or excuse. Dictionarily 'litigious' means 'disputed' (Concise Oxford Dictionary)

Settlement

for the benefit of another person absolutely, or with a similar ultimate devolution for the use of several persons in succession after the person first named. See last title, and SETTLEMENT ESTATE DUTY. The conveyance of property … the person first named. See last title, and SETTLEMENT ESTATE DUTY. The conveyance of property -- or of interests in property -- to provide for one or more beneficiaries, usu. members of settlor's family in a way

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