A person specifically designated in a conveyance as being entitled to a life estate if the conveyee dies before the end of the life estate; specif., a pur autre vie tenant’s heir who occupies land in the interim between the death of the tenant and the death of the person who serves as the measuring […]
cum fabrilibus, brasinis, et brueriis (k[schwa]m f[schwa]-bril-[schwa]-b[schwa]s, br[schwa]-sI-n[schwa]s, et broo-er-ee-is). [Law Latin] Scots law. With forges, maltkilns, and breweries. • A tenant was restricted from building these structures on land unless the tenant first obtained the superior’s per-mission.
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The power of an agency to decide an issue in the first instance when a court, having concurrent jurisdiction with the agency, determines that it would be more pragmatic for the agency to handle the case initially. See PRIMARY-JURISDICTION DOCTRINE.
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Nullum Tempus Act (n[schwa]l-[schwa]m tem-p[schwa]s akt), n. [Latin] Hist. English law. The Crown Suits Act of 1769 (amended in 1862) that limited the Crown’s time to sue, in land and other specified matters, to 60 years. • The statute altered the common-law rule of nullum tempus aut locus occurrit regi (“no time or place affects
cause-and-prejudice rule. Criminal law. The doctrine that a prisoner petitioning for a federal writ of habeas corpus on the basis of a constitutional challenge must first show that the claim rests on either a new rule of con-stitutional law (one that was unavailable while the case was heard in the state courts) or a fact
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miserere (miz-[schwa]-reer-ee). [Latin] Hist. Have mercy. • This is the first phrase of the 51st psalm, used to test a person claiming benefit of clergy. See NECK VERSE.
drofland (drohf-l[schwa]nd). Hist. A socage tenure that required the holder to drive the landlord’s cattle to fairs and markets.
National Cemetery Administration. A unit in the U.S. Department of Veterans Affairs responsible for operating national cemeteries, providing headstones for unmarked graves of veterans worldwide, and making grants to states for establishing and caring for veterans’ cemeteries. — Abbr. NCA.
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deuterogamy (d[y]oo-t[schwa]r-og-[schwa]-mee), n. [fr. Greek deuterogamia “second marriage”] A second marriage after the death of or divorce from the first spouse, or after an annulment of a first marriage. — Also termed digama; digamy.
Rule in Shelley’s Case. Property. The rule that if — in a single grant — a freehold estate is given to a person and a remainder is given to the person’s heirs, the remainder belongs to the named person and not the heirs, so that the person is held to have a fee simple absolute.
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