Information om | Engelska ordet TESTAMENTARY
TESTAMENTARY
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Exempel på hur man kan använda TESTAMENTARY i en mening
- Intestacy has a limited application in those jurisdictions that follow civil law or Roman law because the concept of a will is itself less important; the doctrine of forced heirship automatically gives a deceased person's next-of-kin title to a large part (forced estate) of the estate's property by operation of law, beyond the power of the deceased person to defeat or exceed by testamentary gift.
- These included Roman adoptions, particularly so-called "testamentary adoptions" (famously in 59 BC when the patrician Clodius Pulcher was adopted into a plebeian gens in order to run for the office of tribune of the plebs) and the lex curiata de imperio which granted imperium to senior Roman magistrates under the Republic, likely also ratifying the choice of a new king during the monarchy.
- An executorial trustee is someone who is appointed to be an executor (the person who carries out the directions set forth in a will) and also be a trustee of a testamentary trust created by the will.
- While the narrative speaks of Vaillant positively, it also alludes to his willingness to acquire (he "forces the hand" of a landowner into giving him and Latour two prize mules, Angelica and Contento, chastises the widow Dona Isabella Olivares for refusing to assert her rights under her husband's will and thereby blocking the church from its testamentary share, and goes on frank "begging trips" to acquire money) and near the end of the novel his questionable financial behaviour receives an investigation from Rome.
- Thus a privileged land-tenure was created—bookland; the rules as to the succession of kinsmen were set at nought by concession of testamentary power and confirmations of grants and wills; special exemptions from the jurisdiction of the hundreds and special privileges as to levying fines were conferred.
- The Arches court was also the court of appeal from the consistory courts (of the bishops of the province) in all testamentary and matrimonial causes.
- The surviving spouse's right vests by survivance, and is independent of the deceased spouse's testamentary provisions; it may however be renounced by contract, or be discharged by satisfaction.
- Where an inter vivos or testamentary trust includes immovables, reference must be made to the lex situs on all aspects relating to title and land use.
- Joey drives a 1974 AMC Gremlin at the time of the testamentary instrument, but later sells the Gremlin and purchases a 2016 Rolls-Royce Phantom Drophead Coupé with suicide doors and teak paneling.
- Litigation about testamentary capacity typically revolves around charges that the testator, by virtue of senility, dementia, insanity, or other unsoundness of mind, lacked the mental capacity to make a will.
- Dower is the gift given by the groom to the bride, customarily on the morning after the wedding, though all dowerings from the man to his fiancée, either during the betrothal period, or wedding, or afterwards, even as late as in the testamentary dowering, are understood as dowers if specifically intended for the maintenance of the widow.
- There are incidental question problems if the trust is testamentary and, under Article 4, if it is alleged that the testator lacked capacity, or that the will is formally or substantively invalid, or that it had been revoked, these issues must be determined first under the lex fori Conflict rules on characterisation and choice of law before the Convention rules can apply.
- For a testamentary trust, as the settlor is deceased, they will generally not have any influence over the trustee's exercise of discretion, although in some jurisdictions it is common for the testator to leave a letter of wishes for the trustee.
- On 3 September 1563, the Bishop of Muro was judge ordinary in the curia, hearing a testamentary dispute from the diocese of Ajaccio.
- Where the discretionary trust is a testamentary trust, it is common for the settlor (or testator) to leave a letter of wishes for the trustees to guide them as to the settlor's wishes in the exercise of their discretion.
- The reversion of his manors of Wartling, Bucksteep (in Warbleton) and Broksmele (Burwash) was held by his stepmother Lady Lewkenor for life, but his feoffees were to make up a parcel of lands worth £20 a year for his brother Thomas Hoo (1416–1486), and the overplus, after the deduction of his funeral and testamentary charges, was to revert to his widow Dame Eleanor for life.
- Coalter,' 14 Gratton 394 (1858), both of which postdated the Dred Scott decision and declared testamentary manumissions void because a majority of Moncure's colleagues decided slaves were legally incapable of choosing freedom (although even preceding generations of Virginia judges, including John Marshall had used similar choice language in their wills).
- The leaden casket was placed in the sacristy, and in 1661 and 1700 the remains were viewed and found fresh and intact by the vicars-general of Toulouse, who have left testamentary depositions of the fact.
- Statements of equitable principle stretch back to the Ancient Greeks in the work of Aristotle, while examples of rules analogous to trusts were found in the Roman law testamentary institution of the fideicommissum, and the Islamic proprietary institution of the Waqf.
- Of proceedings relating to the settlement of the estates of decedents and minors, the granting of letters testamentary, guardianship, involuntary hospitalization, the determination of incompetency, and other jurisdiction usually pertaining to courts of probate;.
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