a non habente potestatem (ay non ha-ben-tee poh-tes-tay-t[schwa]m). [Latin] Scots law. From one not having power. • This phrase appeared most commonly in a conveyance in reference to a seller who was not the owner. “If A. disponed ground, which he held on a personal title, to B., he could not grant warrant for the […]
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meaning. The sense of anything, but esp. of words; that which is conveyed (or intended to be conveyed) by a written or oral statement or other communicative act. • The word ordinarily includes a mistaken but reasonable understanding of a communication. Cf. AMBIGUITY. objective meaning. The meaning that would be attributed to an unambiguous document
sudden-death jurisdiction. Wills & estates. A jurisdiction in which a will once revoked cannot be revived, and instead must be reexecuted. See REVIVAL(2).
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A do-not-resuscitate order, executed by a person who has been diagnosed by a physician as having a terminal condition, directing healthcare professionals to withhold certain life-sustaining treatments when acting outside a hospital or similar facility. — Abbr. OOH-DNR order.
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A power that is executed for the benefit of the power’s donee, as distinguished from a trust power, which is executed for the benefit of someone other than the power’s donee (i.e., a trust beneficiary). [Cases: Powers 25. C.J.S. Powers § 19.]
estate in possession 现时取得地产权；直接有权占有的地产(→executed estate; vested estate)
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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,
maiden. 1. A young unmarried woman. 2. Scots law. An instrument used to behead criminals. • The Earl of Morton, who had introduced the instrument to Scotland, was the first to be executed by it, in 1581. It was the prototype of the guillotine. Hence, “to kiss the maiden was to be put to death.”
Fraud occurring when a legal instrument as actually executed differs from the one intended for execution by the person who executes it, or when the instrument may have had no legal existence. • Compared to fraud in the inducement, fraud in the factum occurs only rarely, as when a blind person signs a mortgage when
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voidable, adj. Valid until annulled; esp., (of a contract) capable of being affirmed or rejected at the option of one of the parties. • This term describes a valid act that may be voided rather than an invalid act that may be ratified. — Also termed avoidable. [Cases: Contracts 98, 136. C.J.S. Contracts §§ 137,