Legal Term Dictionary

In conveyancing. A disposition of property by deed, . usually through the medium of a trustee, by which its enjoyment is limited to several persons In succession, as a wife, children, or other -relatives. In contracts. Adjustment or liquidation of mutual accounts; the act by which parties who have been More...

In conveyancing. A disposition of property by deed, . usually through the medium of a trustee, by which its enjoyment is limited to several persons In succession, as a wife, children, or other -relatives. In contracts. Adjustment or liquidation of mutual accounts; the act by which parties who have been dealing together arrange their accounts and strike a balance. Also full and final payment or discharge of an account - In pdor laws. The term signifies a tight acquired by a person, by continued residence for a given length of time in a town or district, to claim aid or relief under the poor-laws in case of his becoming a pauper. See Westfleld v. Coventry, 71 Vt 175, 44 Atl. 66; Jefferson v. Washington, 19 Me. 300; Jackson County v. Hillsdale County, 124 Mich. 17, 83 N. W. 408. In probate praotioe. The settlement of an estato consists in its administration by the executor or administrator carried so far that all debts and legacies have been paid and the individual shares of distributees in the corpus of the estate, or the residuary portion, as the case may be, definitely ascertained and determined, and accounts filed and passed, so that nothing remains but to make final distribution. See Calkins v. Smith, 41 Mich. 409, 1 N. W. 1048; Forbes v. Harrington, 171 Mass* 386, 50 N. E. 641; Appeal of Mathews, 72 Conn. 555, 45 Atl. 170. -Act of settlement. The statute 12 & 13 Wm. III. c* 2, by which the crown of England was limited to the house of Hanover, and some new provisions were added at the same time for the better securing the religion, laws, and liberties.-Deed of settlement. A deed made for the purpose of settling property, t. e., arranging the mode and extent of the enjoyment thereof. The party who settles property is called the "settlor ;" and usually his wife and children or his creditors or his near relations are the beneficiaries taking interests under the settlement prown.-Eqnity of settlement. The equitable right of a wife, when her husband sues in equity for the reduction of her equitable estate to his own possession, to have the whole or a portion of such estate settled upon herself and her children. Also a similar right now recognized by the equity courts as directly to be asserted against the husband. Also called the "wife's equity."-Final settlement. This term, as applied to the administration of an* estate, is usually understood to have reference to the order of court approving the account which ocloses tbe business of the estate, and which finally discharges the executor or administrator from the duties of his trust Roberts v. Spencer, 112 Ind. 85, 13 N. E. 129; Sims v. Waters, 65 Ala. 445.-Striot settlement. This phrase was formerly used to denote a settlement whereby land was limited to a parent for life, and after his death to his first and other sons or children in tail, with trustees interposed te preserve contingent remainders. 1 Steph. Comm. 332, 333.-Voluntary settlement. A settlement of property upon a wife or other beneficiary, made gratuitously or without valuable consideration. Less...

A person who, for the purpose of acquiring a pre-emption right, has gone upon the land in question, and is actually resident there. See Hume v. Gracy, 86 Tex. 671, 27 S. W. 584; Davis v. tfoung, 2 Dana (Ky.) 299; Mclntyre v. Sherwood, 82 Cat 139, 22 Pac. 937.

A person who, for the purpose of acquiring a pre-emption right, has gone upon the land in question, and is actually resident there. See Hume v. Gracy, 86 Tex. 671, 27 S. W. 584; Davis v. tfoung, 2 Dana (Ky.) 299; Mclntyre v. Sherwood, 82 Cat 139, 22 Pac. 937. Less...

The grantor or donor in a deed of settlement.

The grantor or donor in a deed of settlement. Less...

To separate. When two joint defendants separate in the action, each pleading separately his own plea and relying upon a separate defense, they are said to seven.

To separate. When two joint defendants separate in the action, each pleading separately his own plea and relying upon a separate defense, they are said to seven. Less...

Admitting of severance or separation, capable of being divided; capable of being severed from other things to which it was joined, and yet maintaining a complete and independent existence.

Admitting of severance or separation, capable of being divided; capable of being severed from other things to which it was joined, and yet maintaining a complete and independent existence. Less...

Separate; Individual; independent In this sense the word is distinguished from "joint" Also exclusive; individual ; appropriated. In this sense it is opposed to *-common." -Several actions. Where a separate and distinct action is brought against , each of two or more persons who are all liable to the plaintiff More...

Separate; Individual; independent In this sense the word is distinguished from "joint" Also exclusive; individual ; appropriated. In this sense it is opposed to *-common." -Several actions. Where a separate and distinct action is brought against , each of two or more persons who are all liable to the plaintiff in respect to the same subject-matter, the actions are said to be "several." If all the persons are joined as defendants in one and the same action, it is called a "joint" action.-Several inheritance. An inheritance conveyed so as to descend to two persons severally, by moieties, etc.-Several issues. This occurs where there is more than one issue involved in a case. 3 Steph. Comm. 560. As to several "Counts '-Covenant," oDemise," "Fishery," 4lTail," and "Tenancy" see those titles. Less...

A state of separation. An estate In severalty is one that is held, by a person in his own right only, without any bthet person being joined or connected with him, in point ot interest during his estate therein. 2 Bl. Comm. 179. The term "severalty" is especially applied in More...

A state of separation. An estate In severalty is one that is held, by a person in his own right only, without any bthet person being joined or connected with him, in point ot interest during his estate therein. 2 Bl. Comm. 179. The term "severalty" is especially applied in England, to the case of adjoining meadows undivided from each other, but belonging, either permanently or in what are called "shifting severalties," to separate owners, and held in severalty until the crops have been carried, when the whole is throws open as pasture for the cattle of all the owners, and in some cases for the cattle of other persons as well; each owner is called a "severalty owner/' and his rights of pasture are called "severalty rights," as opposed to the rights of persons not owners. Cooke, lncl. Acts, 47, 163n. Less...

In pleading;. Separation; division. The separation by defendants in their pleas; the adoption, by several defendants, of separate pleas, instead of joining in the same plea. Steph. PI. 257. In estates. The destruction of any one of the unities of a joint tenancy. It is so called because the estate More...

In pleading;. Separation; division. The separation by defendants in their pleas; the adoption, by several defendants, of separate pleas, instead of joining in the same plea. Steph. PI. 257. In estates. The destruction of any one of the unities of a joint tenancy. It is so called because the estate is no longer a joint tenancy, but is severed. The word "severance" is also used to signify the cutting of the crops, such as corn, grass, etc., or the separating of anything from the realty. Brown. Less...

One who guards the sea-coast; custos maris.

One who guards the sea-coast; custos maris. Less...

A fresh-water trench or little river, encompassed with banks on both sides, to drain off surplus water into the sea. Cowell. Properly, a trench artificially made for the purpose of carrying water into the sea, (or a river or pond.) Crabb, Real Prop, | 113. In its modern and more More...

A fresh-water trench or little river, encompassed with banks on both sides, to drain off surplus water into the sea. Cowell. Properly, a trench artificially made for the purpose of carrying water into the sea, (or a river or pond.) Crabb, Real Prop, | 113. In its modern and more usual sense, a "sewer" means an under-ground or covered channel used for the drainage of two or more separate buildings, as opposed to a "drain," which is a channel used for carrying off the drainage of one building or set of buildings in one curtilage. Sweet See Valparaiso v. Parker, 148 Ind. 379, 47 N. E. 330; Fuchs v. St Louis, 167 Mo. 620, 67 S. W. 610, 57 L. R. A. 136; State Board of Health v. Jersey City, ,55 N. J. Eq. 116, 35 Atl. 835; Aldrich v. Paine, 106 Iowa, 461, 76 N. W. 812. -Commissioners of sewers. In English law. The court of commissioners of sewers is a temporary tribunal erected by virtue of a commission under the great seal. Its jurisdiction is to overlook the repairs of sea-banks and seawalls, and the cleansing of public rivers, streams, ditches, and other conduits whereby any waters are carried off, and is confined to such county or particular district as the commission expressly names. Brown. Less...