declaratory-judgment act. A federal or state law permitting parties to bring an action to determine their legal rights and positions regarding a controversy not yet ripe for adjudication, as when an insurance company seeks a determination of coverage before deciding whether to cover a claim. 28 USCA §§ 2201, 2202. See declaratory judgment under JUDGMENT. […]
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settlor (set-l[schwa]r). 1. A person who makes a settlement of property; esp., one who sets up a trust. — Also termed creator; donor; trustor; grantor; founder. [Cases: Trusts 8. C.J.S. Trover and Conversion § 19.] 2. A party to an instrument. — Also spelled (in both senses) settler.
The act of appropriating the property of another to one’s own benefit, or to the benefit of another. • A direct conversion is per se unlawful, and the traditional requirements of demand and refusal of the property do not apply. [Cases: Trover and Conversion 3–5. C.J.S. Trover and Conversion §§ 8, 19, 21–30.]
Conversion by taking a chattel out of the possession of another with the intention of exer-cising a permanent or temporary dominion over it, despite the owner’s entitlement to use it at all times. [Cases: Trover and Conversion 11. C.J.S. Trover and Conversion § 30.]
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An assumption that something is true even though it may be untrue, made esp. in judicial reasoning to alter how a legal rule operates; specif., a device by which a legal rule or institution is diverted from its original purpose to accomplish indirectly some other object. • The constructive trust is an example of a
summary judgment. A judgment granted on a claim or defense about which there is no genuine issue of material fact and upon which the movant is entitled to prevail as a matter of law. • The court considers the contents of the pleadings, the motions, and additional evidence adduced by the parties to determine whether
irrefragable (i-ref-r[schwa]-g[schwa]-b[schwa]l), adj. Unanswerable; not to be controverted; impossible to refute (the defense feebly responded to the prosecution’s irrefragable arguments).
Uniform Principal and Income Act. A uniform code adopted by some states governing allocation of principal and income in trusts and estates. [Cases: Executors and Administrators 502; Trusts 272. C.J.S. Executors and Administrators § 847; Trover and Conversion§ 551.]
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An interest held by virtue of an equitable title or claimed on equitable grounds, such as the interest held by a trust beneficiary. [Cases: Trusts 139. C.J.S. Trover and Conversion § 251.]
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zygostates (zI-goh-stay-teez), n. [Greek] Roman law. An officer who resolved controversies over weight; a public weigher.