after-acquired property. 1. Secured transactions. A debtor’s property that is acquired after a security transaction and becomes additional security for payment of the debt. UCC § 9-204. — Also termed future-acquired property. [Cases: Secured Transactions 13, 116. C.J.S. Secured Transactions §§ 12, 85.] 2. Bankruptcy. Property that the bankruptcy estate acquires after commencement of the […]
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A portion of a decedent’s estate set aside by statute for a surviving spouse, children, or parents, regardless of any testamentary disposition or competing claims. • Every state has a statute authorizing the probate court to award an amount for the temporary maintenance and support of the surviving spouse (and often for dependent children). The
instrument. 1. A written legal document that defines rights, duties, entitlements, or liabilities, such as a contract, will, promissory note, or share certificate. “An ‘instrument’ seems to embrace contracts, deeds, statutes, wills, Orders in Council, orders, warrants, schemes, letters patent, rules, regulations, bye-laws, whether in writing or in print, or partly in both; in fact,
pro non scripto (proh non skrip-toh). [Latin] As not written; as though it had not been written. • The phrase usu. referred to testamentary conditions that a court would disregard because the conditions were impossible, illegal, or meaningless.
appointment of executor 遗嘱执行人的指定 指在遗嘱中将某人确定为遗嘱执行人，负责实现遗嘱的内容。 (→letters testamentary)
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simultaneous-death clause. A testamentary provision mandating that if the testator and beneficiary die in a common disaster, or the order of their deaths is otherwise unascertainable, the testator is presumed to have survived the beneficiary. • If the beneficiary is the testator’s spouse, an express exception is often made so that the spouse with the
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tax-apportionment clause. A testamentary provision directing how inheritance and estate taxes should be paid.
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Louisiana law. A testamentary disposition of all property, movable and immovable, to one or more persons. La. Civ. Code art. 1585. Cf. general legacy; legacy under a universal title; particular legacy.
disposing capacity or mind 有处分的能力或心智 在遗嘱法中常与「心智健全」〔sound mind〕和「遗嘱能力」〔testamentary capacity〕同义或可以相互替代使用。 (→testamentary capacity; sound and disposing mind and memory)
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The real and personal property that a person possesses at the time of death and that passes to the heirs or testamentary beneficiaries. [Cases: Executors and Administrators 38–73. C.J.S. Executors and Administrators §§ 2, 121–127, 129–162.]