Lord Mansfield’s rule. The principle that neither spouse may testify about whether the husband had access to the wife at the time of a child’s conception. • In effect, this rule — which has been abandoned by most states — made it impossible to bastardize a child born during a marriage. [Cases: Witnesses 57.]
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community property. Assets owned in common by husband and wife as a result of its having been acquired during the marriage by means other than an inheritance or a gift to one spouse, each spouse generally holding a one-half interest in the property. • Only nine states have community-property systems: Arizona, California, Idaho, Louisiana, Nevada,
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levir (lee-v[schwa]r), n. [Latin] Roman law. 1. A husband’s brother. 2. A wife’s brother-in-law.
de estoveriis habendis (dee es-t[schwa]-veer-ee-is h[schwa]-ben-dis), n. [Law Latin “for having estovers”] Hist. A writ allowing a wife divorced a mensa et thoro (“from bed and board”) to recover alimony or estovers. — Often shortened to estoveriis habendis. “In case of divorce a mensa et thoro, the law allows alimony to the wife which is
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pour seisir terres (poor sI-z[schwa]r ter-eez). [Law French “for seizing the lands”] Hist. A writ by which the Crown could seize land that the wife of its deceased tenant, who held in capite, had for her dower if she married without leave.
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dead man’s part. 1. Archaic. By custom in certain places, the portion of a dead man’s estate set aside for mass services; later, that portion set aside as payment for the administrator. • That portion ranged from one-third (if the deceased had a wife and children) to the entire estate (if the deceased had no
postnuptial (pohst-n[schwa]p-sh[schwa]l), adj. Made or occurring during marriage (a postnuptial contract). Cf. PRENUPTIAL. [Cases: Husband and Wife 30.]
A debt that is chargeable to the community of husband and wife. See COMMUNITY PROPERTY. [Cases: Husband and Wife 268.]