1. A designation of a person or thing to take the place of another person or thing.
2. The process by which one person or thing takes the place of another person or thing. [Cases: Federal Civil Procedure 351; Parties 57. C.J.S. Parties §§ 76–78.]
3. Parliamentary law. An amendment by replacing one or more words with others. See amendment by substituting under AMENDMENT(3).
4. Roman law. The nomination of a person to take the place of a previously named heir who has refused or failed to accept an inheritance.
— Also termed common substitution; vulgar substitution.
5. Roman law. The nomination of a person to take the place of, or to succeed, a descendant who is under the age of puberty and in the potestas of the testator, if the descendant has died before reaching puberty. • This type of substitution was known as a pupillary substitution. If a descendant of any age failed to take by reason of lunacy, the substitution was known as an exemplary substitution or quasi-pupillary substitution.
6. Roman law. A testator’s designation of a person to whom the property was to be given by the person named as heir, or by the heir of that person.
— Also termed fideicommissary substitution. See FIDEICOMMISSUM.
7. Civil law. The designation of a person to succeed another as beneficiary of an estate, usu. involving a fideicommissum.
— Also termed fideicommissary substitution. [Cases: Wills 553. C.J.S. Wills §§ 1071, 1076.]
prohibited substitution. Louisiana law. The designation of a person who is not a trustee to take full ownership of property and deliver it to another designated person at death. • The first donee is called the institute, the second the substitute. See INSTITUTE(5); SUBSTITUTE(2).
