Survival Statute - Law Dictionary Search Results
Wills
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. Moreover, the testamentary power … his death, notwithstanding that by reason of illegitimacy or otherwise he did not leave an heir or next-of-kin surviving him. The fourth and fifth sections relate to dispositions of copyhold estates, and the sixth to estates pur
Administrator
the Probate Division: (English) Administration of Estates Act, 1925, s. 9, reproducing and extending to real estate the Statute of Westminster II. (13 Edw. 1), c. 19, and the Court of Probate Act, 1858, s. 19; Whitehead … 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
Religion
in a wide sense, therefore, is those fundamental principles which sustain life and without which life will not survive, Aruna Roy v. Union of India, (2002) 7 SCC 368. Religion, in Australia, the Constitution gives right to … is virtually a dead letter: see Re Smith, (1914) 1 Ch 937. See JESUITS; ROMAN CATHOLICS; and Chitty's Statutes, tit. 'Religious Worship.' Religion is certainly a matter of faith with individuals or communities and it is not
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Gavelkind
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 fathers. The partible quality of … form, in copyholds. Prima facie all land in Kent was gavelkind, except such as is disgavelled by particular statutes (which should always be noticed in transactions relating to Kentish property); and as to such land the custom
Bond
they may perform the condition, see K. & E., 13th Edn. P. 277. The benefit passes to the survivors in the case of the death of any joint obligees, (English) L.P. Act, 1925, s. 81, and the … taken to apply generally to the term 'bond, as distinguished from mortgages, gifts and wills about which the statutes in question have specifically spoken about attestation. That so far as bond is concerned, it is section 72
Joint-tenancy
a joint-tenant in possession to the exclusion of the other or others may obtain a title under the Statute against the other or others. The entry of the one joint-tenant apparently does not vest the possession of … 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
Remainder
second marriage. But such a remainder is supported, as a conditional limitation, in wills and conveyances under the Statute of Uses. A remainder is to commence when the particular estate is, from its very nature, to determine; … particular tenant of one part may die before the contingency, and the particular tenant of another part may survive it. Posthumous children are capable of taking in remainder in the same manner as if they had been
Married women's property
is acquired by or devolves upon her except property which has been restricted from anticipation or alienation by statute before the 2nd August, 1935, or by any instrument executed before the 1stjanuary, 1936, and apparently for that … his to manage and take the profits of during the joint lives only. After his death, leaving her surviving, it passed to her absolutely; after her death, leaving him surviving, provided that it was an estate in
Husband and wife
was converted to joint tenancies upon trust for sale, and by s. 184, ibid., in cases where the survival of either husband or wife after the death of the other is uncertain, the younger shall be deemed … make a grant to his wife at the Common Law, though he might do so: (1) under the Statute of Uses, by granting an estate to another person for her use; (2) by creating a trust in
Actio personalis moritur cum persona.
Ch D 607 as to injunction. This rule of the Common Law has been encroached upon by various statutes; by 4 Edw. 3, c. 7, as to trespass to goods (no limit of time by that statute), … person after the commencement of the Act all causes of action subsisting against or vested in him shall survive against or for the benefit of his estate. By s. 1 (2) the damages are limited in certain
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