Probation - Law Dictionary Search Results
Home Dictionary Name: probation Page: 2Probate, Court of
Probate, Court of, a tribunal established by the Court of Probate Act, 1857, to which the former jurisdiction of the ecclesiastical courts in testamentary matters was transferred. By Jud. Act, 1873, it was merged in the Supreme Court of Judicature, q.v. See WILLS....
Probator
Probator, an examiner; an accuser or approver, or one who undertakes to prove a crime charged upon another. See 4 Steph. Com....
Exceptio probat regulam de rebus non exceptis
Exceptio probat regulam de rebus non exceptis. 11 Rep. 41.-(An exception shows the rule concerning things not excepted.)...
probate estate
probate estate ...
Executor
Executor. A person appointed by a testator to carry out the directions and requests in his will, and to dispose of the property according to his testamentary provisions after his decease.One who performs or carries out some act, Black's Law Dictionary, 7th Edn., p. 591.The leading duties and responsibilities of an executor may be thus classed:-(1) He will not be allowed as against creditors extravagant funeral expenses if the testator died insolvent; and if he neglects to secure the property, and loss ensue, he will be personally liable for a devastavit, but will not be responsible for mere neglect to take out probate (Re Stevens, (1898) 1 Ch 162). See DEVASTAVIT.(2) By operation of law by virtue of his office he takes a title to the personal property of the testator which vests him with full power ovr the testator's chattels, Attenborough v. Solomon, 1913 AC 76, and by Administration of Estates Act, 1925, s. 1, extending and amending the Land Transfer Act, 1897, real property devolves...
Administrator
Administrator, means the Administrator as referred to in clause (a) of section 2 of the Unit Trust of India (Transfer of Undertaking and Repeal) Act, 2002 (58 of 2002). [Income Tax Act, 1961, s. 80C(8)(i)].Administrator means a person appointed by competent authority to administer the estate of a deceased person when there is no executor. [Indian Succession Act (39 of 1925) s. 2(a)]--he to whom the property of a person dying intestate, or without executors appointed, accepting, or surviving, is committed by the Probate Court (now the Probate, Divorce and Admiralty Division of the High Court of Justice). (English) Supreme Court of Judicature (Consolidation) Act, 1925, s. 56(3). By the (English) Court of Probate Act,1857 (20 & 21 Vict. c. 77) (re-enacted in (English) Supreme Court of Judicature (Consolidation) Act, 1925, s. 175), 'Administration' includes all letters of administration of the effects of deceased persons, whether with or without the will annexed, and whether granted for ge...
Renounce
Renounce, to give up a right. An executor who declines to take probate of the will of his testator is said to 'renounce' probate. Where any person, after 1st January, 1858, renounces probate of the will of which he is appointed executor, his right shall wholly cease, and go and devolve as if he had not been appointed-Court of Probate Act, 1857, s. 79. Whenever an executor appointed in a will survives the testator, but dies without taking probate, or an executor named in a will is cited to take probate and does not appear, his right shall cease, and go in like manner as if he had not been appointed, Court of Probate Act, 1858, s. 16.To give up or abandon formerly (a right or interest), to disclaim, Black's Law Dictionary, 7th Edn., p. 1299....
Testamentary causes
Testamentary causes, proceedings in the Probate Branch of the High Court of Justice relating to the proving and validity of wills and intestacies, over which it has acquired exclusive jurisdiction, by the Court of Probate Act, 1857, amended by the Court of Probate Act, 1858. See PROBATE....
Wills
Wills. A will is the valid disposition by a living person, to take effect after his death, of his disposable property. ''But in law ultima voluntas in scriptis is used, where lands or tenements are devised, and testamentum, when it concerneth chattels': Co. Litt. 111 a.Depository of Will of Living Person.-By the (English) Jud. Act, 1925, s. 172, replacing s. 91 of the Court of Probate Act, 1857:-There shall, under the control and direction of the High Court, be provided safe and convenient depositories for the custody of the wills of living persons, and any person may deposit his will therein.And see (English) Administration of Justice Act, 1928 (18 & 19 Geo. 5, c. 26), s. 11, as to deposit of wills under control of the High Court.Law before 1838.-The right of testamentary aliena-tion of lands is a matter depending on Act of Parliament. Before 32 Hen. 8, c. 1, a will could not be made of land, and before the Statute of Frauds a will (see NUNCUPATIVE WILL) could be made by word of mouth...
probate
probate [Latin probatum, neuter of probatus, past participle of probare to test, approve, prove] 1 a : the process of proving in a court of competent jurisdiction (as a probate court) that an instrument is the valid last will and testament of a deceased person ;broadly : the process of administering an estate b : the judicial determination that a will is valid 2 : the officially authenticated copy of a probated will 3 a : probate court b : matters that fall under the jurisdiction of a probate court vt pro·bat·ed pro·bat·ing 1 : to establish (a will) as valid through probate 2 a : to put (a convicted offender) on probation b : to replace (a sentence) with probation ...
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