Search Results for: heir apparent

expectancy

expectancy, n. 1. Property. An estate with a reversion, a remainder, or an executory interest. [Cases: Estates in Property 1; Remainders 1; Reversions 1. C.J.S. Estates §§ 2–5, 8, 15–21, 70–71, 77, 79, 81–82, 103–104, 116–128, 137, 243.] 2. Wills & estates. The possibility that an heir apparent, an heir presumptive, or a presumptive next

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guardian by nature

Hist. The parental guardian of an heir apparent who has not yet reached the age of 21. • Although the common law made the father the guardian by nature and the mother only after the father’s death, most states have given both parents equal rights of guardianship over their children (see, e.g., N.Y. Dom. Rel.

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year books

Year Books. Hist. Books of cases anonymously and fairly regularly reported covering primarily the period from the reign of Edward I to the time of Henry VIII. • The title “Year Books” derives from their being grouped under the regnal years of the sovereigns in whose reigns the reported cases were cited. The reports were

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parol evidence rule

parol-evidence rule. Contracts. The common-law principle that a writing intended by the parties to be a final embodiment of their agreement cannot be modified by evidence of earlier or contemporaneous agreements that might add to, vary, or contradict the writing. • This rule usu. operates to prevent a party from introducing extrinsic evidence of negotiations

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in mitiori sensu

in mitiori sensu (in mish-ee-or-Isens-[y]oo), adv. [Law Latin] In a milder or more favorable sense. • This phrase appeared as part of the former rule applied in slander actions. A word capable of two meanings would be given the one more favorable to the defendant. Cf. INNOCENT-CONSTRUCTION RULE. [Cases: Libel and Slander 19. C.J.S. Libel

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assent

assent, n. Agreement, approval, or permission; esp., verbal or nonverbal conduct reasonably interpreted as wil-lingness. See CONSENT. — assent, vb. “The requirement of ‘assent,’ which is fundamental to the formation of a binding contract, implies in a general way that both parties to an exchange shall have a reasonably clear conception of what they are

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mutual assent

Agreement by both parties to a contract, usu. in the form of offer and acceptance. • In modern contract law, mutual assent is determined by an objective standard — that is, by the apparent intention of the parties as manifested by their actions. Cf. MEETING OF THE MINDS. [Cases: Contracts 15. C.J.S. Con-tracts §§ 35–36,

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