wiktionary Residue may refer to Residue chemistry , material remaining after a distillation or an evaporation, or portion of a larger molecule In particular, in biology, often refers specifically to an amino acid Residue law , portion of the testator s estate that is not specifically devised to someone in the will Residue complex analysis , complex number describing the behavior of line integrals of a meromorphic function around a singularity Crop residue , materials left after agricultural processes Relationship residue , lingering feelings occurring after the commencement of a relationship often brought about by the unwillingness of one party to let go which can lead to sporadic emotional discharges. Residue may also be The remainder in modular arithmetic The heavier fractions of crude oil that fail to vaporize in an oil refinery disambig fr R sidu io Reziduo nl Residu ru ... more details
Wills, trusts, estates A legatee , in the law of will law wills , is any individual or organization bequeathed any portion of a testator s estate. Usage Depending upon local custom, legatees may be called devisees. Traditionally, legatees took personal property under will and devisees took land under will. Brooker v. Brooker, Tex. Civ.App., 76 S.W.2d 180, 183 asserts that devisee may refer to those who take under will without any distinction between realty and personalty...though commonly it refers to one who takes personal property under a will. See also Beneficiary References Black s Law Dictionary 6th edition West Publishing, St. Paul, MN 1997 , 453, 897. Category Wills and trusts law term stub ... more details
written by another person, and not read over to the testator, or even seen by him, if proved to be made ... of a valid will A will is only valid if s.9 It is made in writing It is signature signed by the testator , or at his direction and in his presence The testator intent law intends that the signature ... of the testator. There is no requirement to publish a will s.13 . If any of the witnesses was, or subsequently ... the will in the event of the marriage of the testator. However, this section was amended in 1982 so that where the testator makes the will in the expectation of marriage to a particular person, the will is not revoked ... be revoked by any presumption of the intention of the testator or on the grounds of any alteration ... of the will by the testator, or some person in his presence, with the intention ... . There is no bar on a creditor of the testator or the executor of the will being a witness ss.16 17 . Gifts to children Where the testator makes a gift to one of his children or a remoter descendant, and that child dies before the testator, the gift will not lapse so long as the deceased descendant himself leaves children surviving at the death of the testator. The surviving descendants receive ... the death of the testator is deemed to have been living at the testator s death s.33 4 b . Interpretation The will is interpreted in respect of the testator s property immediately before his death s.24 . Where the testator makes a gift of all his real property, it is deemed to include property ... more details
of having specific evidence as to the testator s mutual intentions at the time of execution ... mutual will the second testator is free to use the assets for his own beneficial interest as long ..., it is a legally sufficient condition that the contract provide that, in return for one testator ... testator, the latter would also make a will in a particular form and agree not to revoke it without notice to the first testator. Once a contract of that kind is established, equity will impose on the surviving testator a constructive trust not to dispose of the property in any other way. There did ... binding upon the surviving testator upon the death of the first and was not postponed to take effect only after the death of the second or last testator when the property, or what was left of it, came ... testator as otherwise the subject matter of the trust would be uncertain and could possible ... testator had to benefit from the initial disposition. Commentators had argued that this was the case as if the second testator did not benefit the unjust enrichment argument would be untenable. However ... was to prevent fraud on the first testator this did not require a corresponding benefit for the second testator. Friel 1996 1 CPLJ argued against this saying that the trust should not be imposed ... 1930 2 Ch held that the constructive trust comes into existence on the death of the first testator ... the death of the first testator to satisfy the requirement of certainty of subject matter. In the case ... more details
with the law of the state it was in, with no consideration for the nationality of the testator ... in the state where it was executed, the state the testator lived in up to his death or the state the testator ... does not have to be changed if the testator moves state after the will is executed. Section ... more details
share of the proceeds. The legal issue was whether the testatortestator s bequest constituted a vested ... legacy vesting. Samuel s share, therefore, should go back into the original testator s estate, to be divided ... for the next two centuries in various state and Federal courts for the rule that when a testator bequeaths ... going to the testator s children after the death of the surviving spouse, the legacy to the child or children vests at the time of the testator s death. This question would most commonly arise where, as occurred in Price, a testator s widow outlived a child, and the child s heirs sought the child s share of the original testator s estate. The last known citation to Price by a court of record was in the Iowa ... more details
unreferenced date June 2008 Property law A reversion in property law is a future interest that is retained by the grantor after the conveyance of an estate of a lesser quantum that he has such as the owner of a fee simple granting a life estate or a leasehold estate . Once the lesser estate comes to an end the lease expires or the life estate tenant dies , the property automatically reverts hence reversion back to the grantor. A reversion interest is logically similar, but not legally identical, to the rights retained by someone who lends his property to another for a limited time. Although the bailee would have the right to possess the property during the limited duration, these rights are neither permanent nor exclusive. When the time comes, the property rights of possession will terminate and return to the holder of the reversion. Reversions are commonly created in real property transactions, particularly during lease arrangements as well as wiktionary devise devise the transfer of real property through a Will law will . In the context of a will, a testator may devise a simple life estate to a devisee. The testator may retain the reversion in the Estate law estate or give it to another individual. The owner of the life estate will retain ownership of the property during the devisee s life, and may freely alienate this interest. However, upon the death of the devisee the life estate will terminate and ownership of the real property will fully vest in the holder of the reversion. A Lease Fixed term tenancy or tenancy for years tenancy for years is a simple illustration of a reversion interest in the context of leasing arrangements. An owner of real property becomes a lessor by transferring a bundle of rights including, but not limited to, a right of entry to the leasee for a certain period of time. The lessor typically retains a reversion interest in the property which will mature after the lease expires. A common example of this transaction is the leasing of an ap ... more details
wiktionarypar satisfaction Satisfaction may refer to Contentment Computer user satisfaction Customer satisfaction Job satisfaction Satisfaction TV series Satisfaction TV series , running 2007 2010 Satisfaction film Satisfaction film , a 1988 drama Satisfaction theory of atonement , a Christian view of salvation The specification of variables that make an open sentence true Law Satisfaction of legacies , a docterine of fulfilling a legacy during the testator s lifetime. Accord and satisfaction , a contract law concept about the purchase of the release from a debt obligation Music I Can t Get No Satisfaction , a 1965 rock song by the Rolling Stones Satisfaction Eve song Satisfaction Eve song , a 2003 hip hop song Satisfaction Benny Benassi song Satisfaction Benny Benassi song , a 2003 electro house song Satisfaction Is the Death of Desire , debut album by Hatebreed disambig de Satisfaction es Satisfaction desambiguaci n fr Satisfaction homonymie it Satisfaction nl Satisfaction pl Satisfaction ru ... more details
wiktionarypar aliment for the concept in food science nutrition Aliment , in Scots law and in other civil systems , is the sum paid or allowance given in respect of the reciprocal Obligation law obligation of parents and children, husband and wife, grandparents and grandchildren, to contribute to each other s Alimony maintenance . The term is also used in regard to a similar obligation of other parties, as of creditors to imprisoned debtors, the payments by parishes to paupers, etc. Alimentary funds, whether of the kind above mentioned, or set apart as such by the deed of a testator , are intended for the mere support of the recipient, and are not attachable by creditor s. sfn Chisholm 1911 p 663 See also Alimony Child support Commissary Court Court of Session References reflist Attribution 1911 wstitle Aliment volume 1 page 663 Category Scots law legal terms Category Law of obligations Category Scots family law Category Divorce Category Family law Category Child support Category Childhood Category Parenting Category Marriage Scotland law stub es Derecho de alimentos pl Alimenty ... more details
About the legal term other uses Disgorge disambiguation merge to Asset forfeiture date February 2011 Disgorgement is the forced giving up of profits ref cite web url http www.abb.com cawp seitp202 b7aa479846d0fe19c12577ae0017bfa0.aspx title ABB pay 58.3 million in disgorgement publisher ABB Group ABB press release accessdate 2010 10 05 ref obtained by Law illegal or ethics unethical acts. A court may order wrongdoers to pay back illegal profits, with interest, to prevent unjust enrichment . Disgorgement is a legal remedy remedy and not a punishment . Black s Law Dictionary defines disgorgement as the act of giving up something such as profits illegally obtained on demand or by legal compulsion . In re Gleeson s Will 124 N.E.2d 624 Ill. App. 1955 , disgorgement was used as a remedy when the trustee remained as a holdover on the testator s land and acquired a profit. References Reflist colwidth 30em See also Bonus Malus wikt clawback clawback Fair Fund Surcharge sanction DEFAULTSORT Disgorgement Law Category Judicial remedies Law term stub sv F rverkande ... more details
in those born after the testator s death, and subject to be divested only as to any grandchild who .... The grandchildren of the testator, the lawful issue of his five enumerated children, formed ... more details
Wills, trusts, estates refimprove date August 2007 nofootnotes date February 2010 A codicil is a document that amends, rather than replaces, a previously executed will law will . ref Citation first Rosanne last Rocchi author link Rosanne Rocchi title Guide to Wills and Estate Planning in Canada place Toronto publisher Coles Publishing Company Limited year 1978 page 14 ref Amendments made by a codicil may add or revoke small provisions e.g., changing executors , or may completely change the majority, or all, of the gifts under the will. Each codicil must conform to the same legal requirements as the original will, such as the signatures of the testator and, typically, two or three depending on the jurisdiction disinterested witnesses. When confronted with testamentary writings executed after the date of the original will, a probate court may need to decipher whether the document is a codicil or a new will. As a rule of thumb, if the second document neither expressly revokes the prior will in its entirety nor supersedes it for all purposes by making a complete disposition of the testator s property, it will be presumed to be a codicil, leaving the validity of the earlier will unchanged with respect to the property whose disposition the codicil does not address. In some jurisdictions, acting as a witness to the execution of the codicil may invalidate a gift to a beneficiary under the original will. This rule extends such a jurisdiction s disinterested witnesses requirement to those subsequent documents that might affect what a beneficiary receives from the probate process. For example, if a codicil revokes a bequest in a prior will or adds one not in the prior will, it thereby increases or decreases the value of the Residue law residuum of the estate, and it thereby affects any residuary beneficiaries interest in the estate, such that a residuary beneficiary in a will is an interested party with respect to any codicil. As an alternative to a codicil, a testator may mod ... more details
if a testator has two children, and no spouse, and in her his testament leaves everything to one ... heirs and thus, the testator has no power to give it away to anyone of his liking. The compulsory ... more details
intention of the testator to vest in the son the absolute ownership of the estate. The only ... the decree of the Master of the Rolls, and to declare, by virtue of the original gift made by the testator and of the subsequent expenditure by the Plaintiff with the approbation of the testator ... from the trustees of the testator s will and other parties interested under the same of all their estate and interest under the testator s will in the estate of Hendrefoilan in the pleadings mentioned ... more details
learning and, the testator having stated that to be the charitable purpose, which unquestionably ... him and the testator having not only called it a charitable purpose, but delegated the execution ... was to describe any thing beyond that, then the testator meant to repose in the Bishop a discretion ... is declared and the recommendation fails the objects being too indefinite in the other, the testator ... more details
will. table align center width 80 tr td tt testimonium clause br I, the undersigned testator ..., the undersigned witnesses, each do hereby declare in the presence of the aforesaid testator that the testator ... signed it willingly, that each of us hereby signs this will as witness in the presence of the testator, and that to the best of our knowledge the testator is eighteen 18 years of age or over, of sound ... before me by the said testator and witnesses this 2nd day of January, 2002. br Notary Public tt ... more details
of the rule thus stated. If a testator gives 1000 to A. B., desiring, wishing, recommending ...., it is considered that C. D. is an object of the testator s bounty, and A. B. is a trustee for him. No question arises upon the intention of the testator, upon the sum or subject intended to be given, or upon the person or object of the wish. So, if a testator gives the residue of his estate, after ... of the testator was not to create a trust and the difficulty, that would be imposed upon the Court ... goes, to a certain extent, towards inducing the Court to say, it is not sufficiently clear what the testator .... The testator, at the date of his will, was entitled in fee to a large real estate, and absolutely ..., I admit, after great doubt and hesitation, that the testator did not intend to impose an imperative ... in all such cases, that the testator might, if he had intended it, have created an express trust ... of succession, in which the testator desired the estates whatever he meant by that term to devolve ... line for the longest time possible. Admitting the wishes of the testator, which seem to me ... what estates they were intended to take. I have not been able to persuade myself that the testator ..., I should do a thing most foreign to the testator s intention. His successor might have done what is suggested. The testator intimated a wish to him, and gave sufficient power but I cannot say ... more details
in contract conflict contract , a testator may nominate a law or laws by which both to interpret and test ... adequate provision for them. Some proactively limit the testator s capacity by imposing minimum ... wife would otherwise have had. As to the testator, all questions of status and capacity ..., either the status will be modified so that the testator was never married and this will retrospectively validate or invalidate previous dispositions, or the testator is now single and able ... otherwise. Thus, for example, succession to the estate of a French testator leaving movables situated ... it was executed the testator was domiciled either when the will was executed or at the time of death ... of the testator, if validity is established under either law, it will be deemed valid the testator was a national either at the time of execution or death or the testator was habitually resident ... more details
italic title Pari passu is a Latin phrase that literally means with an equal step or on equal footing. It is sometimes translated as ranking equally , ref Harriman s Financial Dictionary Over 2,600 Essential Financial Terms Simon Briscoe, Jane Fuller 2007 348 Ranking equally, meaning literally with equal step . ref hand in hand, with equal force, or moving together, Fact date February 2008 and by extension, fairly, without partiality. Description Wiktionary passus Inflection passu is the ablative of the Latin noun passus , step Wiktionary par Inflection 2 pari is the ablative singular masculine since it must grammatically agree with passu of the adjective par , equal . If it was nominative , an equal step it would simply be par passus . In law , this term is commonly used jargon . Black s Law Dictionary 8th ed., 2004 defines pari passu as proportionally at an equal pace without preference. In inheritance, an in pari passu per capita distribution can be distinguished from a per stirpes by family branch distribution. For example, suppose a testator had two children A and B. A has 2 children, and B has 3. The testator leaves his entire estate to his grandchildren in equal shares in pari passu, each grandchild would inherit one fifth of the estate. If the testator left his entire estate to his grandchildren per stirpes by family branch , the children of A would share one half of the estate equally between the two of them, and the children of B would share one half of the estate equally amongst the three of them. The problem with an in pari passu distribution in the example given is that, let s assume A dies before B. On A s death a distribution could not be made to his or her children they would have to await the death of B B may have more children after A s death before the share of the estate they are to take could be determined. In finance , this term refers to two or more loan s, Bond finance bonds , classes of shares having equal rights of payment or level of senio ... more details
. ref For example, a testator might grant his brother the special power to distribute property among the testator s three children. The brother would then have the authority to choose which of the testator ... more details
Wills, trusts, estates Globalize date December 2010 An oral will or nuncupative will is a Will law will that has been delivered orally that is, in speech to witness es, as opposed to the usual form of wills, which is written and according to a proper format. A minority of U.S. state s approximately 20 as of 2009 , permit nuncupative wills under certain circumstances. Under most statute s, such wills can only be made during a person s last sickness, must be witnessed by at least three persons, and reduced to writing by the witnesses within a specified amount of time after the testator s death. Some states also place limits on the types and value of property that can be bequeathed in this manner. A few U.S. states permit nuncupative wills made by military personnel on active duty . Under the law in England and Wales oral wills are permitted to military personnel and merchant seamen on duty see law report below and it is common practice for in Commonwealth of Nations Commonwealth countries. An analogy can be drawn to the concept of last donations donatio mortis causa established by Roman law and still in effect in England and Wales . See also Dying declaration References Jesse Dukeminier Dukeminier, Jesse , Johansen, Stanley M., James Lindgren Lindgren, James , and Robert Sitkoff Sitkoff, Robert . Wills, Trusts, and Estates, 8th Edition , p. 226. Aspen Publishers, 2009. ISBN13 978 0 7355 7996 5 references http www.bailii.org ew cases EWHC Ch 2009 B21.html references DEFAULTSORT Oral Will Category Wills and trusts Law stub ... more details
Refimprove date May 2007 Cleanup rewrite date April 2010 For the 1976 detective film Missing Heir Wills, trusts, estates A missing heir is a person related to a decedent dead person , or testator of a Will law will , but whose residence, domicile, Post office , or other address is not known. A missing heir may be an orphan or other person under a disability , who may need a Legal guardian guardian or custodian of funds. Missing heirs often come up in the context of legal actions involving Will law wills , Title property title to real property , or a Quiet title action. A Private investigator , probate research firm or forensic genealogist may be hired by the Executor , Trustee , or Administrator law Administrator to find the missing heirs. A Probate court or surrogate judge may require the service of a Citation , Notice of Petition, Summons , or Subpoena to the relevant persons who may be missing persons, or may know the whereabouts of such person. Some courts, such as Suffolk County Probate Court in Boston , actively solicit missing heris. ref http www.probatecourtiannella.com MissingHeirs.htm Suffolk County Probate Court ref Probate research companies specialize in locating missing and unknown heirs. See Also http www.probate.com Probate research References Reflist Category Inheritance law stub ... more details
Ambiguity , in law , is of two kinds, patent and latent. Patent ambiguity is that ambiguity which is apparent on the face of an instrument to any one perusing it, even if he be unacquainted with the circumstances of the parties. In the case of a patent ambiguity parol evidence is admissible to explain only what has been written, not what it was intended to write. For example, in Saunderson v. Piper, 18 39, 5 B.N.C. 425, where a bill was cdrawn in figures for X245 and in words for two hundred pounds, evidence that and forty five had been omitted by mistake was rejected. But where it appears from the general context of the instrument what the parties really meant, the instrument will be construed as if there was no ambiguity, as in Saye and Sele s case, io Mod. 46, where the name of the grantor had been omitted in the operative part of a grant, but, as it was clear from another part of the grant who he was, the deed was held to be valid. Latent ambiguity is where the wording of an instrument is on the face of it clear and intelligible, but may, at the same time, apply equally to two different things or subject matters, as where a legacy is given to my nephew, John, and the testator is shown to have two nephews of that name. A latent ambiguity may be explained by parol evidence , for, as the ambiguity has been brought about by circumstances extraneous to the instrument, the explanation must necessarily be sought for from such circumstances. ref http www.1911encyclopedia.org Ambiguity 1911 Britannica on Ambiguity ref 1911 References Reflist Category Law ... more details
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