Revocation Of Will - Law Dictionary Search Results
Home Dictionary Name: revocation of will Page: 2Ademption
Ademption [fr. adimo, Lat.], revocation; a taking away of a specific legacy, i.e., if a testator, after having given a legacy of this nature by his will, alienate the subject of it during his life, it is an ademption and the legacy is gone. As to charges on specific legacies of personal estate, see s. 35 of the Administration of Estates Act, 1925. See Theobald on Wills. The term is also used to denote the satisfaction of a legacy to a child by the testator subsequently giving the child a portion on his or her marriage. See SATISFACTION.Means the destruction or extinction of a legacy or bequest by reason of a bequeathed asset's ceasing to be part of the estate at the time of the testator's death; a beneficiary's forfeiture of a legacy or bequest that is no longer operative. Also termed extinguishment of legacy, Black Law Dictionary, 7th Edn., p.39...
Charitable uses and trusts
Charitable uses and trusts. 9 Geo. 2, c. 26, commonly called 'The Mortmain Act,' 1735, after reciting that ifts or alienations of land in mortmain (see MORTMAIN) were prohibited by Magna Charta and other whole-some laws as prejudicial to the common utility, and that such public mischief had greatly increased by many large and improvident dispositions, made by languishing or dying persons to charitable uses, to take place after their deaths to the disherison of their lawful heirs, enacted that no lands or other hereditaments whatsoever, nor money, or personal estate to be laid out in land should be given to any person or bodies corporate, or charged by any person in trust, for any charitable uses, unless such gift, etc., should be made by deed (thus entirely excluding gifts by will) executed twelve months before the death of the donor and be enrolled in the court of Chancery within six calendar months after execution, and be without any power of revocation for the benefit of the donor.T...
Derogatory clause
Derogatory clause, a clause in a legal document by which the right of subsequently altering or cancelling it is abrogated, and the validity of a later document, doing this, is made dependent on the correct repetition of the clause and its formal revocation. Obsolete, Oxf. Dict. As to such a clause in a will, see Swinburne, Pt. VII., s. xiv. P. 977; Jarman on Wills, 6th Edn., p. 28....
Munera
Munera, portions of lands distributed to tenants and revocable at the lord's will, under our early feudal system....
delivery
delivery pl: -er·ies : an act that shows a transferor's intent to make a transfer of property (as a gift) ;esp : the transfer of possession or exclusive control of property to another actual delivery : a delivery (as by hand or shipment) of actual physical property (as jewelry or stock certificates) conditional delivery : a delivery after which ownership will be transferred upon fulfillment of a condition compare gift causa mortis at gift NOTE: A conditional delivery is usually made in order to make a transfer revocable. constructive delivery : a delivery of a representation of property (as a written instrument) or means of possession (as a key) that is construed by a court as sufficient to show the transferor's intent or to put the property under the transferee's control called also symbolic delivery ...
trust
trust 1 a : a fiduciary relationship in which one party holds legal title to another's property for the benefit of a party who holds equitable title to the property b : an entity resulting from the establishment of such a relationship see also beneficiary, cestui que trust, corpus declaration of trust at declaration, principal, settlor NOTE: Trusts developed out of the old English use. The traditional requirements of a trust are a named beneficiary and trustee (who may be the settlor), an identified res, or property, to be transferred to the trustee and constitute the principal of the trust, and delivery of the res to the trustee with the intent to create a trust. Not all relationships labeled as trusts have all of these characteristics, however. Trusts are often created for their advantageous tax treatment. accumulation trust : a trust in which principal and income are allowed to accumulate rather than being paid out NOTE: Accumulation trusts are disfavored and often restricted...
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 1 : capability of acting or of producing an effect [parties of unequal bargaining ] 2 a : authority or capacity to act that is delegated by law or constitution often used in pl. commerce power often cap C&P : the power delegated to Congress under Article I, Section 8 of the U.S. Constitution to regulate commerce esp. among the states see also commerce clause concurrent power : a power that is held simultaneously by more than one entity ;specif : a power delegated to the federal government by the U.S. Constitution that is also held by the states enu·mer·at·ed powers [i-nü-mə-rā-təd-, -nyü-] : the powers specifically named and delegated to the federal government or prohibited to be exercised by the states under the U.S. Constitution compare reserved powers in this entry executive power : the power delegated to the executive of a government ;specif : any or all of the powers delegated to the president under Article II of the U.S...
Sovereignty
Sovereignty, means 'supremacy in respect of power, dominion or rank; supreme dominion authority or rule. Sovereignty is the right to govern. The term sovereignty as applied to states implies 'Supreme, absolute, uncontrollable power by which any state is governed, and which resides within itself, whether residing in a single individual or a number of individuals, or in the whole body of the people. Sovereignty according to its normal legal connotation is the supreme power which govern the body politic, or society which constitutes the state and the power is independent of the particular form of government whether monarchial, autocratic or democratic, Govindrao v. State of Madhya Pradesh, AIR 1982 SC 1201.Means the Supreme, absolute and uncontrollable power by which any independent state is governed; supreme political authority paramount control of the constitution and frame of government and its administration; the self-sufficient source of political power from which all specific politi...
power of attorney
power of attorney :an instrument containing an authorization for one to act as the agent of the principal that terminates esp. upon revocation by the principal or death of the principal or agent called also letter of attorney du·ra·ble power of attorney [dr-ə-bəl-, dyr-] : a power of attorney that becomes effective upon the principal's becoming incompetent or unable to manage his or her affairs and that is often used as a form of advance directive compare living will general power of attorney : a power of attorney authorizing the agent to carry on business or an enterprise for the principal compare special power of attorney in this entry irrevocable power of attorney : a power of attorney that cannot be revoked by the principal special power of attorney : a power of attorney authorizing the agent to carry out a particular business transaction for the principal ...
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