Legal Term Dictionary

In Roman law. The elder brother of an emancipated pupil-Ins, whose father had died leaving him still under fourteen years of age.

In Roman law. The elder brother of an emancipated pupil-Ins, whose father had died leaving him still under fourteen years of age. Less...

The term Is derived from the Roman law, and means (as a noun) a person holding the character of a trustee, or a character analogous to that of a trustee, in respect to the trust and confidence involved In it and the scrupulous good faith and candor which it requires. More...

The term Is derived from the Roman law, and means (as a noun) a person holding the character of a trustee, or a character analogous to that of a trustee, in respect to the trust and confidence involved In it and the scrupulous good faith and candor which it requires. Thus, a person is a fiduciary who is Invested with rights and powers to be exercised for the benefit of another person. Svanoe v. Jurgens, 144 111. 507, 33 N. E. 955; Stoll v. King, 8 How. Prac. (N. Y.) 299. As an adjective it means of the nature of a trust; having the characteristics of a trust; analogous to a trust; relating to or founded upon a trust or confidence. -Fiduciary capacity. One is said to act in a "fiduciary capacity* or to receive money or contract a debt in a "fiduciary capacity," when the business which he transacts, or the money or property which he handles, is not his own or for his own benefit but for the benefit of another person, as to whom he stands in a relation implying and necessitating great confidence and trust on the one part and a high degree of good faith on the other part The term is not restricted to technical or express trusts, but includes also such offices or relations as those of an attorney at law, a guardian, executor, or broker, a director of a corporation, and a public officer. See Schudder v. Shiells, 17 How. Prac. (N. Y.) 420; Roberts v. Prosser, 53 N. Y. 260; Heffren v. Jayne, 39 Ind. 405, 13 Am. Rep. 281; Flanagan v. Pearson, 42 Tex. 1, 10 Am. Rep. 40; Clark v. Pinckney, 50 Barb. (N. Y.) 226; Chapman v. Forsyth, 2 How. 202, 11 L. Ed. 236; FOrker v. Brown, 10 Misc. Rep. 161, 30 N. Y. Supp. 827; Madison Tp. v. Dunkle. 114 Ind. 262, 16 N. E. 593.-Fiduciary contract. An agreement by which a person delivers a thing to another on the condition that he will restore it to him.-Fiduciary Relation. A relation subsisting between two persons in regard to a business, contract, or piece of property, or in regard to the general business or estate of one of them, of such a character that each must repose, trust, and confidence in the other and must exercise a corresponding degree of fairness and good faith. Out of such a relation, the law raises the rule that neither party may exert influence or pressure upon the other, take selfish advantage of his trust, or deal with the subject-matter of the trust in such a way as to benefit himself or prejudice the other except in the exercise of the utmost good faith and with the full knowledge and consent of that other, business shrewdness, hard bargaining, and astuteness to take advantage of the forgetfulness or negligence of another being totally prohibited as between persons standing in such a relation to each other. Examples of fiduciary relations are those existing between attorney and client, guardian and ward, principal and agent, executor and heir, trustee and cestui que trust, landlord and tenant, etc.. See Robins v. Hope, 57 Cal. 407; Thomas v. Whitney, 186 111. 225. 57 N. E. 808; Central Nat Bank v. Connecticut Mut. L. Ins. Co., 104 U. S. 68, 20 L. Ed. 093; Meyer v. Reimer. 65 Kan: 822, 70 Pac. 809; Studybaker v. Cofield, 159 Mo. 596, 61 6. W. 246. Less...

A fee, feod, or feud.

A fee, feod, or feud. Less...

Fr. In Norman feudal law. A fief or fee held by the tenure Of knight-service; a knight's fee. 2 Bl. Comm. 62.

Fr. In Norman feudal law. A fief or fee held by the tenure Of knight-service; a knight's fee. 2 Bl. Comm. 62. Less...

In old English law. The holder of a fief or fee; a feeholder or freeholder.

In old English law. The holder of a fief or fee; a feeholder or freeholder. Less...

In Spanish law. A sequestrator; a person in whose hands a thing in dispute is judicially deposited; a receiver. Las Partidas, pt. 3, tit. 9, 1. 1.

In Spanish law. A sequestrator; a person in whose hands a thing in dispute is judicially deposited; a receiver. Las Partidas, pt. 3, tit. 9, 1. 1. Less...

This term might well be considered as definite and certain a description as "close," and might be used in law; but it is not a usual description in legal proceedings. 1 Chit Gen. Pr. 160.

This term might well be considered as definite and certain a description as "close," and might be used in law; but it is not a usual description in legal proceedings. 1 Chit Gen. Pr. 160. Less...

An ancient custom in England, by which officers of the forest and bailiffs of hundreds had the right to compel the hundred to furnish them with ale. Tomlins.

An ancient custom in England, by which officers of the forest and bailiffs of hundreds had the right to compel the hundred to furnish them with ale. Tomlins. Less...

An officer elected, In England, by the owners of a regulated pasture to keep in order the fences, ditches, etc., on the land, to regulate the times during, which animals are to be admitted to the pasture, and generally to maintain and manage the pasture subject to the instructions of More...

An officer elected, In England, by the owners of a regulated pasture to keep in order the fences, ditches, etc., on the land, to regulate the times during, which animals are to be admitted to the pasture, and generally to maintain and manage the pasture subject to the instructions of the owners. (General Inclosure Act 1845, | 118.) Sweet Less...

In Spanish law. Sequestration. This is allowed in six cases by the Spanish law where the title to property is in dispute. Las Partidas, pt 3, tit 3, 1. 1.

In Spanish law. Sequestration. This is allowed in six cases by the Spanish law where the title to property is in dispute. Las Partidas, pt 3, tit 3, 1. 1. Less...