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Residue - Law Dictionary Search Results

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Residue

Residue, the surplus of a testator's or intestate's estate after discharging all his liabilities. Unless it appear in the will that the executor was intended to have the residue, he will be deemed to be trustee for the next of kin [Executors Act, 1830 (11 Geo. 4 & 1 Wm. 4, c. 40)]; repealed and replaced by the Administration of Estates Act, 1925, s. 49; see Re Glukman, (1908) 1 Ch 552; affirmed, nom. A.G. v. Jeffereys, 1908 AC 411. The distribution of the surplusage of an intestate's estate was provided for by the Statute of Distribution (22 & 23 Car. 2, c. 10), explained by 29 Car. 2, c. 3, and 1 Jac. 2, c. 17. the distribution of the estates of persons dying after 1925 is regulated by Part IV. of the Administration of Estates Act, 1925. See LAPSE; WIDOW.Something that is left over after a part is removed or disposed of; a remainder, Black's Law Dictionary, 7th Edn., p. 1311...


Residual, or Residuary

Residual, or Residuary, relating to the residue; relating to the part remaining.A leftover quantity; a remainder; a disability remaining after an illness, injury, or operation, Black's Law Dictionary, 7th Edn., p. 1311....


Order assigning residue

Order assigning residue, means a probate court's order naming the persons entitled to receive parts of an estate and allotting the share to each, Black's Law Dictionary, 7th Edn., p. 1125....


residue

residue : something that remains after a part is taken, separated, or designated ;specif : the part of a testator's estate remaining after the satisfaction of all debts, charges, taxes, and legacies other than residuary legacies ...


Residuous

Remaining residual...


Residual

Pertaining to a residue remaining after a part is taken...


residual estate

residual estate : residuary estate at estate ...


Remainder

Remainder [fr. remanentia, Lat.], that expectant portion, remnant, or residue of interest which, on the creation of a particular estate, is at the same time limited over to another, who is to enjoy it after the determination of such particular estate.After 1925 remainders can operate only as equitable interests, and in that manner they can be created in respect of personality as well as realty. The follow-ing explanation of legal remainders has been retained as relating to titles to land existing before 1926, and see (English) Law of Property Act, 1925, s. 4, as to the construction of equitable interests.A remainder may be limited in all freehold estates, but not strictly and technically in chattels real and personal, although these may be limited over after a previous limitation or a partial interest in them. It may be limited by way of use (which is, in practice, the usual method), as well as by a conveyance deriving its effect from the Common Law.In the same land there may at the sa...


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...


Coke

Coke, the meaning of the word 'coke' given in Webster's New International Dictionary, Vol. I which is as follows: 'The infusible, cellular, coherent residue obtained when coal is subjected to destructive distillation. It consists mainly of carbon, is hard, porous, and grey, and has a submetallic lustre. Any similar substance left as a residue when petroleum, shale oil, etc. are distilled to dryness.' When the Parliament used the word 'coke' in s. 14(i) of the Central Act it has no intention to give it a meaning other than the ordinary dictionary meaning which would cover petroleum coke. At any rate, the language employed is so wide viz., 'Coke in all its forms' that petroleum coke which is a form of coke cannot possibly be excluded merely by reference to the word 'Coal', India Carbon Limited v. Superintendent of Taxes, (1972) 1 SCR 316: (1971) 3 SCC 612: AIR 1972 SC 154. [Central Sales Tax Act (74 of 1956), s. 14(i)]...


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