Search Results for: heir by devise

specialty creditor

A creditor to whom an heir is liable for a decedent’s debts to the extent of the land inherited. • Historically, unless the creditor obtained a judgment against the debtor before the debtor’s death, the creditor’s right of action on the debt was limited to the decedent’s lawful heir. If the debtor devised the land

specialty creditor Read More »

ab irato

ab irato (ab I-ray-toh), adv. [Latin] By one who is angry. • This phrase usu. refers to a gift or devise made adversely to an heir’s interests, out of anger. An action to set aside this type of conveyance was known at common law as an action ab irato.

ab irato Read More »

inheritance

inheritance. 1. Property received from an ancestor under the laws of intestacy. [Cases: Descent and Distribution 1, 8. C.J.S. Descent and Distribution §§ 1–5, 9–12; Right of Privacy and Publicity§ 42.] 2. Property that a person receives by bequest or devise. dual inheritance. An adopted child’s intestate inheritance through both his adopted family and his

inheritance Read More »

ex gravi querela

ex gravi querela (eks gray-vI kw[schwa]-ree-l[schwa]). [Latin “from or on the grievous complaint”] Hist. A writ that lay for a person to whom any lands or tenements in fee were devised by will (within any city, town, or borough in which lands were devisable by custom), against an heir of the devisor who entered and

ex gravi querela Read More »

joint will

A single will executed by two or more testators, usu. disposing of their common property by transferring their separate titles to one devisee. — Also termed conjoint will. [Cases: Wills 56–68, 100. C.J.S. Wills §§ 133–165, 2026–2038, 2047–2062.]

joint will Read More »

coparcener

coparcener (koh-pahr-s[schwa]-n[schwa]r). A person to whom an estate descends jointly, and who holds it as an entire estate; a person who has become a concurrent owner as a result of descent. — Also termed parcener; (archaically) coparticeps. “Coparceners constitute a single heir, and they occupy a position intermediate between joint tenants and tenants in common.

coparcener Read More »

disinheritance

disinheritance, n. 1. The act by which an owner of an estate deprives a would-be heir of the expectancy to inherit the estate. • A testator may expressly exclude or limit the right of a person or a class to inherit property that the person or class would have inherited through intestate succession, but only

disinheritance Read More »

Scroll to Top