Legal Term Dictionary

A devise to B. and his children or issue, B. having no issue at the time of the devise, gives him an estate tall; but. if he have issue at the time, B. and his children take joint estates for life. 6 Coke, 166; Tudor, Lead. Cas. Real Prop. 542, More...

A devise to B. and his children or issue, B. having no issue at the time of the devise, gives him an estate tall; but. if he have issue at the time, B. and his children take joint estates for life. 6 Coke, 166; Tudor, Lead. Cas. Real Prop. 542, 58L Less...

In Hindu law. The relation between a master or patron and his freedman, and the relation between two persons who had made a reciprocal testamentary contract. Wharton.

In Hindu law. The relation between a master or patron and his freedman, and the relation between two persons who had made a reciprocal testamentary contract. Wharton. Less...

Proceeding from a conscious motion of the will; intending the result which actually comes to pass; designed; in* tentional; malicious. A Willful differs essentially from a negligent act. The one is positive and the other negative. Intention is always separated from negligence by a precise tine of demarkation. Sturm v. More...

Proceeding from a conscious motion of the will; intending the result which actually comes to pass; designed; in* tentional; malicious. A Willful differs essentially from a negligent act. The one is positive and the other negative. Intention is always separated from negligence by a precise tine of demarkation. Sturm v. Atlantic Mut. Ins. Co., 38 N. Y. Super. Ct. 31 In common parlance, "willful" is used in the sense of "intentional' as distinguished from "accidental" or "involuntary." But language of a statute affixing a punishment to acts done willfully may be restricted to such acts done with an unlawful intent. U. S. v. Boyd (C. C.) 45 Fed. 855;. State v. Clark, 29 N. J. Law, 96. Less...

A will is the legal expression of a man's wishes as to the disposition of his property after his death. Code Ga. 1882, | 2394; Swinh. WiUs, {2) An instrument in writing, executed in form of law, by which a person makes a disposi-tion of his property, to take effect More...

A will is the legal expression of a man's wishes as to the disposition of his property after his death. Code Ga. 1882, | 2394; Swinh. WiUs, {2) An instrument in writing, executed in form of law, by which a person makes a disposi-tion of his property, to take effect after his death. Except where it would be inconsistent with the manifest intent of the legislature, the word "will" shall extend to a testament, and to a codicil, and to an appointment by will, or by writing in the nature of a will, in exercise of a power; and also to any other testamentary disposition. Code Va. 1887, § 2511.A will is an instrument by which a person makes a disposition of his property, to take effect after his decease, and which is, in its own nature, ambulatory and revocable during his life. It is this ambulatory quality which forms the characteristic of wills; for though a dispo¬sition by deed may postpone the possession or enjoyment, or even the vesting, until the death of the disposing party, yet the postponement is in such case produced by the express terms, and does not result from the nature of the instrument. McDaniel v. Johns, 45 Miss. 641. And see Jasper v. Jasper, 17 Or. 590, 22 Pac. 152; Leathers v. Greenacre, 53 Me. 567; Cover v. Stem, 67 Md. 449, 10 Atl. 231, 1 Am. St. Rep. 406; George v. Green, 13 N. H. 524; In re Harrison's Estate, 196 Pa. 576, 46 Atl. 888; Bayley v. Bailey, 5 Cush. (Mass.) 249; Reagan v. Stanley. 11 Lea (Tenn.) 324 ; Lane v. Hill, 63 N. H. 398, 44 Atl. 597; Conklin v. Eger-ton, 21 Wend. (N. Y.) 436. A will, when it operates upon personal prop¬erty, is sometimes called a "testament," and when upon real estate, a "devise;" but the more general and the more popular denomination of the instrument embracing equally real and per¬sonal estate is that of "last will and testament." 4 Kent, Comm. 501. In criminal law. The power of the mind which directs the action of a man. In Scotch law: That part or clause of a process which contains the mandate or command to the officer. Bell. Ambulatory will. A changeable will (am-bulatoria voluntas), the phrase denoting the power which a testator possesses of altering his will during his life-time. See Hattereley v. Bis-sett, 50 N. J. Eq. 577. 25 Atl. 332—Double will. See DOUBLE.—Estate at will: This estate entitles the grantee or lessee to the possession of land during the pleasure of both the grantor and himself, yet it creates no sure or durable, right, and is,.bounded by no definite limits as to duration. It must be at the reciprocal will of both parties, (for, if it be at the will of the lessor only, it is a lease for life.) and the dissent of either determines it. Wharton .—Holographic will. One written entirely by the testator with his own hand.—Mutual will. See TESTAMENT.—Nuncupative will. See that title.—Statute of wills. See WILLS ACT, infra. Less...

Intentionally. In charging certain offenses, it is required that they should be stated to be willfully done. Archb. Crim. PI. 51, 58; Leach, 556.

Intentionally. In charging certain offenses, it is required that they should be stated to be willfully done. Archb. Crim. PI. 51, 58; Leach, 556. Less...

In England (1) The staute 32 Hen. VIII. c 1, passed in 1540, by which persons seised in fee-simple of lands holden in socage tenure were enabled to devise the same at their will and pleasure, except to bodies corporate; and those who held estates by the tenure of chivalry More...

In England (1) The staute 32 Hen. VIII. c 1, passed in 1540, by which persons seised in fee-simple of lands holden in socage tenure were enabled to devise the same at their will and pleasure, except to bodies corporate; and those who held estates by the tenure of chivalry were en¬abled to devise two-third parts thereof. (2) The statute 7 Wm. IV. A 1 Vict c. 26, passed in 1837, and also called "Lord Lang-dale's Act" This act permits of the disposition by will of every kind of interest in real and personal estate, and provides that all wills, whether of real or of personal estate, shall be attested by two witnesses, and that such attestation shall be sunlcient Other important. alterations are effected by this statute in the law of wills. Mosley & Whitley. Less...

The standard measure of England, originally kept at Winchester. 1 Bl. Comm. 274.

The standard measure of England, originally kept at Winchester. 1 Bl. Comm. 274. Less...

A statute passed in the thirteenth year of the reign of Edward I., by which the old Saxon law of police was enforced, with many additional provisions. 2 Reeve, Eng. Law, 163} Crabb, Hist Eng. Law, 189.

A statute passed in the thirteenth year of the reign of Edward I., by which the old Saxon law of police was enforced, with many additional provisions. 2 Reeve, Eng. Law, 163} Crabb, Hist Eng. Law, 189. Less...

The name applied In England to the process of settling the ac-counts and'liquidating the assets of a partnership or company, for the purpose of making distribution and dissolving the concern.

The name applied In England to the process of settling the ac-counts and'liquidating the assets of a partnership or company, for the purpose of making distribution and dissolving the concern. Less...

In English law. General acts of parliament, regulating settlement of corporate affairs on dissolution.

In English law. General acts of parliament, regulating settlement of corporate affairs on dissolution. Less...