The mental ability that a person must have to prepare a valid will. • This capacity is often described as the ability to recognize the natural objects of one’s bounty, the nature and extent of one’s estate, and the fact that one is making a plan to dispose of the estate after death. Traditionally, the […]
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boundary. 1. A natural or artificial separation that delineates the confines of real property (the creek serves as a boundary between the two properties). See METES AND BOUNDS. [Cases: Boundaries 1–25. C.J.S. Boundaries §§ 2–63.] “The object of all rules for the establishment of boundaries is to ascertain the actual location of the boundary as
moral right. (usu. pl.) Copyright. The right of an author or artist, based on natural-law principles, to guarantee the integrity of a creation despite any copyright or property-law right of its owner. • Moral rights include rights of (1) attribution (also termed “paternity”): the right to be given credit and to claim credit for a
well, adj. Marine insurance. (Of a vessel) in good condition; safe and sound ( the vessel was warranted well on January 1). well, adv. In a legally sufficient manner; unobjectionable (well-pleaded complaint). well, n. A hole or shaft sunk into the earth to obtain a fluid, such as water, oil, or natural gas. limited-capacity well.
intendment (in-tend-m[schwa]nt). 1. The sense in which the law understands something (the intendment of a contract is that the contract is legally enforceable). — Also termed intendment of law. 2. A decision-maker’s inference about the true meaning or intention of a legal instrument (there is no need for intendment, the court reasoned, when the text
Possession of a material object, such as a farm or a coin. — Also termed natural possession; possessio corporis; (Ger.) Sachenbesitz. [Cases: Property 10. C.J.S. Property §§ 27–31, 33.]
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accessio (ak-s[schwa]sh-ee-oh) n.[Latin] Roman law. 1. The doctrine by which something of lesser size, value, or importance is integrated into something of greater size, value, or importance. “If the identity of one thing (the accessory) is merged and lost in the identity of the other (the principal), the owner of the principal is the owner