Several Inheritance - Law Dictionary Search Results
Gavelkind
and not per capita; and so from the nature of thing it must be where the sons of several brothers succeeded, and uncle surviving, for though in equal degree, they stood in the place of their respective … together as heirs of his body. Since the 1st January, 1834, the half blood inherit, for the (English) Inheritance Act, 1833 (s. 9), applied to land of every tenure (s. 1). This Act and the (English) Law
Freehold
thus represented, the ancestor. When the interest extended beyond the ancestor's life, it was called a freehold of inheritance, and when it only endured for the ancestor's life, it was a freehold not of inheritance. An estate … the feudal system, but the services connected with it were honourable and mild. The annihilation of the feudal severities has left this tenure unshackled, and by far the greater part of the real property in this country
Estate
condition and circumstance in which an owner stands with regard to his property. The word is used in several senses and may denote either an estate in land; or an estate in property other than land; a … estates in a threefold view, thus: (1) The quantity of interest or duration, divided into-- (A) Freeholds of inheritance, which are subdivided into-- (a) Absolute or fee simple. (b) Limited fees; which are (a) qualified or base
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Parties
which the parties to a conveyance are set out is as follows: (1) The owner of the legal inheritance; (2) Persons having equitable or beneficial interests in the inheritance; (3) Persons possessed of chattel interests; (4) The … be joined as plaintiffs in whom the right to any relief claimed is alleged to exist, whether jointly, severally, or in the alter-native. Two or more defendants may be joined, in case the plaintiff is in doubt
Fixtures
the personal representative, provided they can be easily removed and are not essential to the enjoyment of the inheritance. See Re Lord Chesterfield's Settled Estates, (1911) 1 Ch 237. (3) Between the tenant of a particular estate … is the following-Whenever he has affixed anything to the demised premises during the term he can never again sever it without his landlord's consent; the property, by being annexed to the land, immediately belongs to the freeholder,
Coparceners or parceners
died intestate, leaving two or more females as his co-heiresses; these, according to the canon of real property inheritance, all took together as coparceners or parceners, the law of primogeniture not obtaining among women in equal relationship … the remaining coparceners would, as between themselves, continue to hold in coparcenary. They were seised both jointly and severally, and possessed a unity of title, but the estate might vest in them at different periods. Coparcenary was
Occupancy
heir or special occupant if it comes to him by reason of special occupancy of an estate of inheritance pur autre vie (q.v.) as assets by descent (as in the case of freehold land, in fee-simple); and
Copyhold
the tenure, or by refusing to perform the services. Copyholds maybe enfranchised, i.e., converted into free tenure, in several ways:' (1) If the copyholder surrender his estate to the rightful lord, to the use of the lord. … some manors, the estate devolves upon the heir on the ancestor's death, and is called a copyhold of inheritance. As far as the quantity and modification of interest are concerned, the tenant's estate partakes of the nature
Uses
by the Common Law judges of the meaning of this celebrated statute. Requirements of the Statute: There are several circumstances necessary to the execution of uses under the statute, viz.:- (1) A person seised to the use. … Statute of uses:- (1) They were descendible according to the rules of the Common Law relating to the inheritable estates of intestates: and the special customs of gavelkind, borough-English, and copyholds, determined the particular descent of uses.
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