Several Inheritance - Law Dictionary Search Results

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Several inheritance

Several inheritance, an inheritance conveyed so as to descend to two persons severally, by moieties, etc....

Tail [fr. tailler, Fr., to prune]. An estate-tail was formerly a freehold of inheritance and is now an equitable interest which may be created after 1925 in respect of personalty as well as realty by way of trust and which (if not barred or disposed of by will after 1925) will devolve inequity on the person who would have taken realty as heir of the body or as tenant by the curtesy if the Law of Property Act, 1925, had not been passed [s. 130 (4) (ibid.)]The limitation of an estate so that it can be inherited only by the fee owner's issue or class of issue, Black's Law dictionary 7th Edn., p. 1466.An estate-tail in land now constitutes a settlement. [(English) Settled Land Act, 1925, s. 1]With this and other statutory modifications under the (English) Law of Property Act, 1925, the rules relating to this form of estate are still applicable (a) in the investigation of all titles to land in existence on the 31st December, 1925; (b) in the construction of equitable interests into which th...

Joint-tenancy

Joint-tenancy. This tenancy is created where the same interest in real or personal property is, by the act of the party, passed by the same matter of conveyance or claim in solido, and not as merchan-dise, or for purposes of speculation, to two or more persons in the same right, either simply, or by construction or operation of law jointly, with a jus accrescendi, that is, a gradual concentration of property from more to fewer, by the accession of the part of him or them that die to the survivors or survivor, till it passes to a single hand, and the joint-tenancy ceases.Anciently, joint-tenancy was favoured because it did not induce fractions of estates, and returning to early principles the (English) Land Legislation of 1925 has employed the tenure generally as the machinery by which legal estate may in such cases always be in some person, called the estate owner, who is competent to give a title to the whole estate without the concurrence of other parties. that legal estate has been ...

Advowson

Advowson [fr. advocare, Lat.], a right of presentation to, or the patronage of, a church or spiritual living; the person possessed of this right or patronage being called the patron or advocate (patronus aut advocatus), on account of his obligation to protect and defend the privileges of the particular benefice. An advowson is in the nature of a temporal property and spiritual trust. For the origin and history of advowsons, consult Mirehouse on Advowsons, pp. 1-6.There are several kinds of advowsons, viz.:--(I.) Presentative advowsons, subdivided into,Appendant.In gross, andPartly appendant, and partly in gross.(II.) Collative advowsons.(I.) A presentative advowson appendant is a right of patronage annexed to the possession of some corporeal hereditament. Thus, where an advowson has immemorially passed together with a manor or reputed manor by a simple grant of such manor, without particularly referring to the advowson, it is then said to be appendant, i.e., annexed to the demesnes of ...

Co-heir

Co-heir, one of several to woman inheritance descended....

Borough English

Borough English, a custom abolished by Adminis-tration of Estates Act, 1925, s. 45. See (English) Law of Property Act, 1922, 12th Schedule; evidently of Saxon origin, and so named to distinguish it from the Norman customs. By this custom, which was met with in some burgage tenemental lands and elsewhere, if a person had several sons, and died intestate, the youngest son inherited all the realty, which belonged to his father, situated within such borough. It was based on the assumption that the youngest son, on account of his tender age, was not so capable as the rest of his brethren to keep himself. Among the pastoral tribes, the sons, as soon as they attained the proper age, migrated from the paternal habitation, with an allotment of cattle, to seek a residence elsewhere; the youngest son usually continued with his father, and thus became the heir to his house, 2 Bl. Com. 83.The custom obtained in the manor of Lambeth, Surrey, in the manors of Hackney, St. John of Jerusalem in Islingt...

Jus liberorum

Jus liberorum, a privilege granted to such persons in ancient Rome as had three children, by which they were exempted from all troublesome offices.Means 'right of children'. A privilege conferred on a parent who has several children; esp., a right of inheritance given to a woman with three or more children. Also termed jus trium liberorum, Black's Law Dictionary, 7th Edn., p. 866....

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Several Inheritance - Law Dictionary Search Results