INTESTATE

Without making a will. A person is said to die intestate when he dies without making a will, or dies without leaving anything to testify what his wishes were with respect to the disposal of his property after his death. The word is also often used to signify the person himself. Thus, in speaking of… Continue Reading INTESTATE

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INTESTATE LAWS

These are the laws and statutes that are applied when a person dies and he has not left a will.

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YORK, CUSTOM OF

A custom of the province of York in England, by which theeffects of an intestate, after payment of his debts, are in general divided according tothe ancient universal doctrine of the pars ra- tionabilis; that is, one-third each to thewidow, children, and administrator. 2 Bl. Comm. 518.

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STATUTE OF DISTRIBUTIONS

A law prescribing the manner of the distribution of the estateof an intestate among his heirs or relatives. Such statutes exist in all the states.

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PUBLIC ADMINISTRATION

Public administration is such as is conducted (in some jurisdictions) by an officer called the public administrator, who is appointed to administer in cases where the intestate has left no person entitled to apply for letters.

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PRIVIES

Persons connected together, or having a mutual interest in the same action or thing, by some relation other thau that of actual contract between them; persons whose interest in an estate is derived from the contract or conveyance of others. Those who are partakers or have an interest in any action or thing, or any… Continue Reading PRIVIES

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PER STIRPES

Lat. By roots or stocks; by representation. This term, derived from the civil law, is much used in the law of descents and distribution, and denotes that method of dividing an intestate estate where a class or group of distributees take the share which their stock (a deceased ancestor) would have been entitled to, taking… Continue Reading PER STIRPES

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PER VISUM ECCLESLX

Lat In old English law. By view ol’ the church ; under the supervision of the church. The disposi- tion of intestates’ goods per visum ecciesiw was one of the articles confirmed to the prelates by King John’s Magna Charta. 3 Bl. Comm. 90.

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PER CAPITA

Lat. By the heads or polls; according to the number of individuals: share and share alike. This term, derived from the civil law, is much used in the law of descent and distribution, and denotes that method of dividing an intestate estate by which an equal share is given to each of a number of… Continue Reading PER CAPITA

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LETTERS OF ADMINISTRATION

The instrument by which an administrator or administratrix is authorized by the probate court, surrogate, or other proper officer, to have the charge and administration of the goods and chattels of an intestate. See Mutual Ben. L. Ins. Co. v. Tisdale, 91 U. S. 243, 23 L. Ed. 314.

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