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Courts are reluctant to apply the doctrine to certain kinds of legacies, for example, devises of specific real estate or bequests of personal property. These specific legacies are viewed by courts as unique and not able to be replaced with a lifetime gift of money or other property.
A devise is real property given by will. [1] A bequest is personal property given by will. [2] Today, the two words are often used interchangeably due to their combination in many wills as devise and bequeath, a legal doublet. The phrase give, devise, and bequeath, a legal triplet, has been used for centuries, including the will of William ...
Ademption, or ademption by extinction, is a common law doctrine used in the law of wills to determine what happens when property bequeathed under a will is no longer in the testator's estate at the time of the testator's death. [1] For a devise (bequest) of a specific item of property (a specific gift), such property is considered adeemed, and ...
A residuary estate, in the law of wills, is any portion of the testator's estate that is not specifically devised to someone in the will, or any property that is part of such a specific devise that fails. [1] It is also known as a residual estate or simply residue.
Bequest – testamentary gift of personal property, traditionally other than money. Codicil – (1) amendment to a will; (2) a will that modifies or partially revokes an existing or earlier will. Decedent – the deceased (U.S. term) Demonstrative Legacy – a gift of a specific sum of money with a direction that is to be paid out of a ...
The oldest federal civil building in Texas, the 1861 Customs and Courthouse in Galveston, once housed the Southern District of Texas. Federal Courthouse in Galveston that housed the court & its predecessor, from 1891–1917 [2] Since its foundation, the Southern District of Texas has been served by forty-one District Judges and six Clerks of Court.
The rule against perpetuities serves a number of purposes. First, English courts have long recognized that allowing owners to attach long-lasting contingencies to their property harms the ability of future generations to freely buy and sell the property, since few people would be willing to buy property that had unresolved issues regarding its ownership hanging over it.
A good title consists of the combination of these three (possession, right of possession, and right of property) in the same person(s). The extinguishing of ancient, forgotten, or unasserted claims, such as E's in the example above, was the original purpose of statutes of limitations. Otherwise, title to property would always be uncertain.