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Rule In Wild's Case
The Rule in Wild's Case is a common law rule of construction dating back to 1599 concerning a particular type of ambiguity in devises (such as grants or bequests) of real property: If a grantor (O) grants, by deed or will, property to another person (A) with the language ''"To A and her children"'', who gets lawful possession of the property? The rule resolves this ambiguity as follows: * If A has living children at the time of the grant, A and her children take the property as joint tenants. * If A does not have living children at the time of the grant, A takes the property in fee tail. This rule has fallen into disuse in those jurisdictions which no longer recognize the fee tail as a legal estate. Some U.S. states ignore the rule altogether, and interpret such a grant as giving a life estate and creating a remainder in her children. Section 14.2 of the Restatement (Third) of Property repudiates the Rule in Wild's Case, suggesting that many authorities consider it to be obsole ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Restatement Of The Law
In American jurisprudence, the ''Restatements of the Law'' are a set of treatises on legal subjects that seek to inform judges and lawyers about general principles of common law. There are now four series of ''Restatements'', all published by the American Law Institute, an organization of judges, legal academics, and practitioners founded in 1923. Connection with the rule of precedent Individual Restatement volumes are essentially compilations of case law, which are common law judge-made doctrines that develop gradually over time because of the principle of ''stare decisis'' (precedent). Although Restatements of the Law are not binding authority in and of themselves, they are highly persuasive because they are formulated over several years with extensive input from law professors, practicing attorneys, and judges. They are meant to reflect the consensus of the American legal community as to what the law is, and, in some cases, what it should become. As Harvard Law School describes ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Real Property Law
Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual property. Property can be exchanged through contract law, and if property is violated, one could sue under tort law to protect it. The concept, idea or philosophy of property underlies all property law. In some jurisdictions, historically all property was owned by the monarch and it devolved through feudal land tenure or other feudal systems of loyalty and fealty. History Though the Napoleonic code was among the first government acts of modern times to introduce the notion of absolute ownership into statute, protection of personal property rights was present in medieval Islamic law and jurisprudence, and in more feudalist forms in the common law courts of medieval and early modern England. Theory The word ''property'', in everyday usage, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1599 In Law
__NOTOC__ Events January–June * January 8 – The Jesuit educational plan, known as the ''Ratio Studiorum'', is issued. * March 12 – Robert Devereux, 2nd Earl of Essex, is appointed Lord Lieutenant of Ireland, by Queen Elizabeth I of England. * April 23 – The Earl of Essex arrives in Dublin at the head of 16,000 troops, the largest army ever seen in Ireland. * May 16 – The Kalmar Bloodbath takes place in Kalmar, Sweden. * May 29 – Essex takes Cahir Castle, supposedly the strongest in Ireland, after a short siege. * June 20 – The Synod of Diamper is convened. July–December * July – Second Dutch Expedition to Indonesia: A Dutch fleet returns to Amsterdam, carrying 600,000 pounds of pepper and 250,000 pounds of cloves and nutmeg. * July 24 – Swedish King Sigismund III Vasa is dethroned by his uncle Duke Charles, who takes over as regent of the realm until 1604, when he becomes King Charles IX. * August 15 – First Battle of Curlew Pass: Irish forces d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Answers
Answer commonly refers to response to a question. Answer may also refer to: * Answer (law), any reply to a question, counter-statement or defense in a legal procedure Music * Answer, an element of a fugue Albums * ''Answer'' (Angela Aki album), 2009 * ''Answer'' (Supercar album), 2004 * ''Answers'' (album), 1994 * ''The Answers'', an album by Blue October Songs * "Answer" (Tohoshinki song) * "Answer" (Flow song), 2007 *"Answer", by Tyler, the Creator from the album ''Wolf'' *"Answer", by Sarah McLachlan from her 2003 album ''Afterglow'' *"Answer", by Mayu Maeshima, opening song from the 2021 anime ''Full Dive'' Publications * ''Answers'' (periodical), British weekly paper founded in 1888, initially titled ''Answers to Correspondents'' *''Answer'', a very short science-fiction story published in 1954 by Fredric Brown. *''Answers'', an American magazine published by Answers in Genesis * ''The Questionnaire'' (Salomon novel), also published as "The Answers" Groups, organiza ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robert Sitkoff
Robert H. Sitkoff (born 1974) is the Austin Wakeman Scott Professor of Law and the John L. Gray Professor of Law at Harvard Law School, where he specializes in trusts and estates. He previously served as professor of law at New York University School of Law and Northwestern University School of Law. Sitkoff's scholarly work focuses on trusts and estates, a field of law with relatively few prominent scholars. He is co-author of ''Wills, Trusts, and Estates'', the leading trusts and estates casebook in the United States; has published in leading academic journals such as the Yale Law Journal, Columbia Law Review, and the Journal of Law and Economics; has appeared as a commentator on CNN; and has had his work on the effects of the abolition of the rule against perpetuities featured in the Wall Street Journal. Education and Clerkship Sitkoff received a B.A. from University of Virginia in 1996, and a J.D. from University of Chicago Law School with high honors in 1999. He was a law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
James Lindgren
James Lindgren is a professor of law at Northwestern University. Born in 1952 in Rockford, Illinois, Lindgren graduated from Yale College (1974, cum laude) and the University of Chicago Law School (1977), where he was an editor of the ''University of Chicago Law Review''. He received his Ph.D. in Sociology from the University of Chicago in 2009. After two years of private practice in estate planning and litigation in Chicago, Lindgren became a Project Director at the American Bar Foundation, a think tank specializing in Law & Society. Before coming to the Northwestern faculty in 1996, Lindgren taught at several law schools, including the Universities of Connecticut, Virginia, Texas, and Chicago, and Chicago Kent College of Law. Lindgren has published in most major law reviews, including the ''Yale Law Journal'' and the ''Harvard, Columbia, Stanford, California, Northwestern, Georgetown, UCLA, University of Pennsylvania'', and ''University of Chicago Law Reviews''. Lindgren’s wor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jesse Dukeminier
Jesse Dukeminier (August 12, 1925 – April 20, 2003) was a professor of law for 40 years at the University of California, Los Angeles, and authored or co-authored a significant number of articles and textbooks in the areas of property law, wills, trusts, and estates. Dukeminier's ''Trusts and Estates'' textbook has been described as "widely used and nationally recognized". Updates are still being produced to the text, with the Dukeminier name, alongside coauthors, remaining on the work. Dukeminier was born in West Point, Mississippi in 1925 and received a bachelor's degree from Harvard University in 1948, and his Juris Doctor from Yale in 1951 before briefly entering the practice of law with a Wall Street law firm. He then taught law at the University of Kentucky College of Law and the University of Minnesota Law School, and visited at Harvard and the University of Chicago The University of Chicago (UChicago, Chicago, U of C, or UChi) is a private research university in Chi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Remainder (law)
In property law of the United Kingdom and the United States and other common law countries, a remainder is a future interest given to a person (who is referred to as the transferee or remainderman) that is capable of becoming possessory upon the natural end of a prior estate created by the same instrument. Thus, the prior estate must be one that is capable of ending naturally, for example upon the expiration of a term of years or the death of a life tenant. A future interest following a fee simple absolute cannot be a remainder because of the preceding infinite duration. For example: : A person, , conveys (gives) a piece of real property called "Blackacre" "to for life, and then to and her heirs". :* receives a life estate in Blackacre. :* holds a ''remainder'', which can become ''possessory'' when the prior estate naturally terminates ('s death). However, cannot claim the property during 's lifetime. There are two types of remainders in property law: ''vested'' and ''conting ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bequest
A bequest is property given by will. Historically, the term ''bequest'' was used for personal property given by will and ''deviser'' for real property. Today, the two words are used interchangeably. The word ''bequeath'' is a verb form for the act of making a bequest. Etymology Bequest comes from Old English ''becwethan'', "to declare or express in words" — cf. "quoth". Interpretations Part of the process of probate involves interpreting the instructions in a will. Some wordings that define the scope of a bequest have specific interpretations. "All the estate I own" would involve all of the decedent's possessions at the moment of death. A ''conditional bequest'' is a bequest that will be granted only if a particular event has occurred by the time of its operation. For example, a testator might write in the will that "Mary will receive the house held in trust if she is married" or "if she has children," etc. An ''executory bequest'' is a bequest that will be granted only if ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Life Estate
In common law and statutory law, a life estate (or life tenancy) is the ownership of immovable property for the duration of a person's life. In legal terms, it is an estate in real property that ends at death when ownership of the property may revert to the original owner, or it may pass to another person. The owner of a life estate is called a "life tenant". In the combined jurisdiction of England and Wales since 1925 a freehold estate intended to be 'held' as a life interest takes effect only as an interest enjoyed in equity, specifically as an interest in possession trust. The other type of land ownership is leasehold and although most long leases are for a period of between 99 and 999 years 'leases for life' will be interpreted in often unpredictable ways as either as a licence or a lease. Principles The ownership of a life estate is of limited duration because it ends at the death of a person. Its owner is the life tenant (typically also the 'measuring life') and it ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fee Tail
In English common law, fee tail or entail is a form of trust established by deed or settlement which restricts the sale or inheritance of an estate in real property and prevents the property from being sold, devised by will, or otherwise alienated by the tenant-in-possession, and instead causes it to pass automatically by operation of law to an heir determined by the settlement deed. The term ''fee tail'' is from Medieval Latin , which means "cut(-short) fee" and is in contrast to "fee simple" where no such restriction exists and where the possessor has an absolute title (although subject to the allodial title of the monarch) in the property which he can bequeath or otherwise dispose of as he wishes. Equivalent legal concepts exist or formerly existed in many other European countries and elsewhere. Purpose The fee tail allowed a patriarch to perpetuate his blood-line, family-name, honour and armorials in the persons of a series of powerful and wealthy male descendants. By kee ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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