Void - Law Dictionary Search Results
Home Dictionary Name: void Page: 5Wills
Wills. A will is the valid disposition by a living person, to take effect after his death, of his disposable property. ''But in law ultima voluntas in scriptis is used, where lands or tenements are devised, and testamentum, when it concerneth chattels': Co. Litt. 111 a.Depository of Will of Living Person.-By the (English) Jud. Act, 1925, s. 172, replacing s. 91 of the Court of Probate Act, 1857:-There shall, under the control and direction of the High Court, be provided safe and convenient depositories for the custody of the wills of living persons, and any person may deposit his will therein.And see (English) Administration of Justice Act, 1928 (18 & 19 Geo. 5, c. 26), s. 11, as to deposit of wills under control of the High Court.Law before 1838.-The right of testamentary aliena-tion of lands is a matter depending on Act of 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...
Winding-up
Winding-up, the process by which an insolvent estate is distributed, as far as it will go, amongst the persons having claims upon it. The term is most frequently applied to the winding-up of joint-stock companies.The property of a company is collected and distributed firstly in discharge of its liabilities, and secondly, among its members according to their respective rights with a view to its dissolution. If the assets are not sufficient to meet the liabilities, a company is usually wound up by the Court. In other cases the winding-up is usually voluntary and conducted by the company itself either with or without the supervision of the Court. The provisions of the (English) Companies Act, 1929, govern a winding-up in any of these three modes (s. 156). In any winding-up the members who may be called upon to contribute are ascertained and their liability determined under ss. 157-162; see CONTRIBUTORIES. Debts and claims of all kinds require to be proved and if not of certain value to be...
Innocent conveyances
Innocent conveyances, a covenant to stand seized; a bargain and sale; and release; so called because, since they convey the actual possession by construction of law only, they do not confer a larger estate in property than the person conveying possesses, and therefore, if a greater interest be conveyed by these deeds than a person has, they are only void, pro tanto, for the excess. But a feoffment of such larger estate was a tortious conveyance, and therefore, under such circumstances, would have been void altogether, and produced a forfeiture. But by the 4th section of the Real Property Act, 1845 (8 & 9 Vict. c. 106), a feoffment made after October 1st, 1845, shall not have any tortuous operation. It is, therefore, an innocent conveyance....
Trade Union
Trade Union. The Acts 30 & 31 Vict. cc. 8, 74, provided for facilitating the proceedings of a commission appointed by Queen Victoria to inquire into and report on the organization and rules of trade unions, and other associations of employers and workmen. The (English) Trade Union Act, 1871 (34 & 35 Vict. c. 31), provides:-S. 2. 'The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be deemed to be unlawful, so as to render any member of such trade union liable to criminal prosecution for conspiracy or otherwise.'S. 3. 'The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be unlawful so as to render void or voidable any agreement or trust.'S. 4. 'Nothing in this Act shall enable any court to entertain any legal proceeding instituted with the object of directly enforcing or recovering damages for breach of any of the following agreements, namely,(1) Any agreement between members of a trade union as su...
Immoral contracts
Immoral contracts, contracts founded upon considerations contra bonos mores, are void. Ex turpi contractu non oritur actio. But where a contract founded upon an immoral consideration has been executed, neither law nor equity will interfere to set it aside if both parties have been equally in fault, for in pari delicto potior est conditio defendentis.Yet a contract under seal, made in consideration of past seduction or cohabitation, can be enforced; not because it is binding in honour and conscience, for such a reason is not sufficient, but because it is a specialty (see CONTRACT), and has not been made for an executory consideration of an illegal nature. A covenant to pay money in consideration of future cohabitation is void, though under seal, Ayerst v. Jenkins, (1873) LR 16 Eq 275. See ILLEGAL CONTR-ACT....
Exchange, Deed of
Exchange, Deed of [fr. excambium, Lat.], an original Common Law conveyance, for the reciprocal transfer of interests ejusdem generis, as fee simple for fee simple, legal estate for legal estate, copyhold for copyhold of the same manor, and the like the one in consideration of the other. It takes place between two distinct contracting parties only, although several persons may compose each party. The operative and indispensable verb was 'exchange,' which no longer implies a general warranty or right of re-entry [(English) L.P. Act, 1925, s. 59, replacing Real Property Act, 1845 (8 & 9 Vict. c. 106), s. 4]. An actual entry upon the pro-perty exchanged by the parties themselves to the deed was essential. The exchange was void if either party died before entry, for, under such cir-cumstances, the parties had no freehold in them, for the heir could not enter and take as a purchaser, because he took under the deed, only by way of limitation in course of descent, but by the L.P. Act, 1925, s....
abate
abate abat·ed abat·ing [Old French abattre, literally, to knock down, from a-, prefix stressing result + battre to beat] vt 1 a : to put an end to or do away with [ a nuisance] b : make void : nullify [ an action] 2 : to reduce in amount esp. proportionately [ a tax] vi 1 : to become defeated or become null or void [when a public officer is a party to an appeal…in an official capacity and during its pendency dies…the action does not "Federal Rules of Appellate Procedure Rule 43"] 2 : to decrease in amount or value [the legacies abated proportionately] NOTE: A problem arises in estate law when the amount of the bequests and devises made in a will exceeds the assets available in the estate. In such a case, some or all of the bequests and devises may have to be abated to make up the deficit. Under the Uniform Probate Code, property in the estate that is not specifically given under the will abates first, residuary devises abate second, general devises abate...
nullity
nullity pl: -ties 1 : the quality or state of being null 2 : an act, proceeding, or contract void of legal effect compare impediment absolute nullity in the civil law of Louisiana : a contract or act considered void by virtue of a transgression of the public order, interest, law, or morals [a bigamous marriage is an absolute nullity "Louisiana Civil Code"] ;also : the quality or state of such a nullity NOTE: A marriage that is an absolute nullity does not have to be annulled to terminate its legal effects (as property rights). rel·a·tive nullity in the civil law of Louisiana : a nullity that can be cured by confirmation because the object involved is considered valid ;also : the quality or state of such a nullity NOTE: A contract that is a relative nullity may be annulled and the parties restored to their original positions. A marriage that is a relative nullity must be annulled to terminate the legal effects (as property rights) of the marriage. ...
quash
quash [Anglo-French quasser, from Middle French casser quasser, from Late Latin cassare, from Latin cassus void] : to make void : annul [ a subpoena] ...
rescind
rescind [Latin rescindere to cut loose, annul, from re- away, back + scindere to cut, split] vt 1 : to take back and make void [ed its suspension of his license] 2 : to abrogate (a contract or transaction) by mutual agreement, judicial decree, or unilateral declaration because of fraud, mistake, duress, misrepresentation, illegality, a breach, or another sufficient ground with both parties restored to their positions before the contract was made [denied that the other party had the right to the contract] compare cancel, terminate 3 : to make void by the same or by a superior authority [ a regulation] vi : to rescind something (as a contract) re·scind·able [-sin-də-bəl] adj ...
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