frustration of ancestral or testamentary intention
frustration of ancestral or testamentary intention 祖先或遗嘱人意愿的实现受阻 指继承人或受遗赠人违背其向遗嘱人所作的、为他人保有遗产或将该遗产给予他人的承诺，而遗嘱人正是基于此种有利于该他人的承诺才订立或修改其遗嘱的。
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Search Results for: testamentary intent
testamentary intent
testamentary intent 遗嘱意图 指立遗嘱人将某一特定的书面文件作为其最后遗嘱的意图。遗嘱意图是使遗嘱生效的必要条件。
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testamentary intent
A testator’s intent that a particular instrument function as his or her last will and testament. • Testamentary intent is required for a will to be valid. [Cases: Wills 438. C.J.S. Wills § 831.]
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testamentary
testamentary (tes-t[schwa]-men-t[schwa]-ree or -tree), adj. 1. Of or relating to a will or testament (testamentary intent). [Cases: Wills 1–20. C.J.S. Conflict of Laws § 72; Wills§§ 1–3, 53–87, 93–95, 97–98, 103–104, 106–132, 172, 174, 381.] 2. Provided for or appointed by a will (testamentary guardian). 3. Created by a will (testamentary gift).
publish
publish, vb. 1. To distribute copies (of a work) to the public. 2. To communicate (defamatory words) to someone other than the person defamed. See INTENT TO PUBLISH. [Cases: Libel and Slander 23. C.J.S. Libel and Slander; Injurious Falsehood§§ 48–52.] 3. To declare (a will) to be the true expression of one’s testamentary intent. [Cases:
distributive deviation
distributive deviation. A trustee’s authorized or unauthorized departure from the express distributional terms of a trust. • A trustee must apply to the court for authority to deviate from the terms of a trust. In American law, courts rarely authorize deviation unless all the beneficiaries consent and there is no material purpose of the settlor
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ademption
ademption ([schwa]-demp-sh[schwa]n), n. Wills & estates. The destruction or extinction of a testamentary gift by reason of a bequeathed asset’s ceasing to be part of the estate at the time of the testator’s death; a beneficiary’s forfeiture of a legacy or bequest that is no longer operative. • There are two theories of ademption. Under
satisfaction
satisfaction, n. 1. The giving of something with the intention, express or implied, that it is to extinguish some existing legal or moral obligation. • Satisfaction differs from performance because it is always something given as a substitute for or equivalent of something else, while performance is the identical thing promised to be done. —
leave
leave, n. 1. Departure; the act of going away (took his leave). 2. Extended absence for which one has authorization; esp., a voluntary vacation from military duties with the chance to visit home; furlough (on a three-month leave from the Army). 3. Permission (by leave of court). leave, vb. 1. To give by will; to