Collegatary
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Collegatary
In civil law, a collegatary is a person to whom is left a legacy, as imparted by a will, in common with one or more other individuals; so called as being a joint legatary, or co-legatee. See also * Barratry *Condonation *Allonge An allonge (from French ''allonger'', "to draw out") is a slip of paper affixed to a negotiable instrument, as a bill of exchange, for the purpose of receiving additional endorsements for which there may not be sufficient space on the bill itself ... References * *"Collegatary". ''Oxford English Dictionary''. Oxford University Press. 2nd ed. 1989. {{law-stub Civil law (common law) ...
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Barratry (common Law)
Barratry ( ) is a legal term that, at common law, described a criminal offense committed by people who are overly officious in instigating or encouraging prosecution of groundless litigation, or who bring repeated or persistent acts of litigation for the purposes of profit or harassment. Although it remains a crime in some jurisdictions, barratry has frequently been abolished as being anachronistic and obsolete. If barratrous litigation is deemed to be for the purpose of silencing critics, it is known as a strategic lawsuit against public participation (SLAPP). Jurisdictions that otherwise have no barratry laws may have SLAPP laws. Barratry by country Australia In Australia, the term barratry is predominantly used in the first sense of a frivolous or harassing litigant. The concept has fallen into disuse in Australia. New South Wales The offence of being a common barrator was abolished in New South Wales by Section 4A of the Maintenance, Champerty and Barratry Abolition ...
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Condonation
Within the legal profession, condonation (or a condonance) is a defence argument sometimes made when an accuser has previously forgiven or chosen to ignore an act about which they are now legally complaining. In some legal jurisdictions, and for certain behaviors, it may prevent the accuser from prevailing. It is most frequently presented during divorce proceedings, though it is also used in other legal contexts. Condonation is irrelevant to some acts. For example, some jurisdictions prohibit consensual combat (other than in specially-sanctioned sports, such as boxing). In such a jurisdiction, the people arrested for brawling cannot avoid prosecution by condoning one another's assaults. Common law In the civil law of the common law legal systems, if a creditor states that they forgive a certain debt, they might be blocked (or estopped) from attempting to collect that same debt at a later date. Condonation would not prevent the creditor from collecting any subsequent or other d ...
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Allonge
An allonge (from French ''allonger'', "to draw out") is a slip of paper affixed to a negotiable instrument, as a bill of exchange, for the purpose of receiving additional endorsements for which there may not be sufficient space on the bill itself. An endorsement written on the allonge is deemed to be written on the bill itself. An allonge is more usually met with in countries using the Napoleonic Code, as the code requires every endorsement to express the consideration. Under English law, the simple signature of the endorser on the bill, without additional words, is sufficient to operate as a negotiation and so an allonge is seldom necessary. Other uses ;Allonge *In chemistry, an allonge is a dated French term for a separatory column. *In hairdressing, an allonge is a wig with locks of hair reaching to the shoulders. ;Allongé *In coffee preparation, a café allongé is a 'long' (drawn out) espresso shot, known as a caffè lungo in Italian. *In dressage, an allongé is a l ...
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Civil Law (common Law)
Civil law is a major branch of the law. Glanville Williams. ''Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2. In common law legal systems such as England and Wales and the United States, the term refers to non- criminal law. The law relating to civil wrongs and quasi-contracts is part of the civil law, as is law of property (other than property-related crimes, such as theft or vandalism). Civil law may, like criminal law, be divided into substantive law and procedural law. The rights and duties of persons (natural persons and legal persons) amongst themselves is the primary concern of civil law. It is often suggested that civil proceedings are taken for the purpose of obtaining compensation for injury, and may thus be distinguished from criminal proceedings, whose purpose is to inflict punishment. However, exemplary damages or punitive damages may be awarded in civil proceedings. It was also formerly possible for common informers to sue for a penalty in civil procee ...
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Will (law)
A will or testament is a legal document that expresses a person's (testator) wishes as to how their property ( estate) is to be distributed after their death and as to which person ( executor) is to manage the property until its final distribution. For the distribution (devolution) of property not determined by a will, see inheritance and intestacy. Though it has at times been thought that a "will" historically applied only to real property while "testament" applied only to personal property (thus giving rise to the popular title of the document as "last will and testament"), the historical records show that the terms have been used interchangeably. Thus, the word "will" validly applies to both personal and real property. A will may also create a testamentary trust that is effective only after the death of the testator. History Throughout most of the world, the disposition of a dead person's estate has been a matter of social custom. According to Plutarch, the written will was ...
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Legatee
A legatee, in the law of wills, is any individual or organization bequeathed any portion of a testator A testator () is a person who has written and executed a last will and testament that is in effect at the time of their death. It is any "person who makes a will."Gordon Brown, ''Administration of Wills, Trusts, and Estates'', 3d ed. (2003), p. 556 ...'s estate. Usage Depending upon local custom, legatees may be called "devisees". Traditionally, "legatees" took personal property under will and "devisees" took land under will. ''Brooker v. Brooker'' (Tex. Civ.App., 76 S.W.2d 180, 183) asserts that "devisee" may refer to "those who take under will without any distinction between realty and personalty ... though commonly it refers to one who takes ''personal property''" under a will. See also * Beneficiary References *'' Black's Law Dictionary'' 6th edition (West Publishing, St. Paul, MN: 1997), 453, 897. Wills and trusts {{law-term-stub ...
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