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Entail
In English common law, fee tail or entail is a form of trust, established by deed or settlement, that restricts the sale or inheritance of an estate in real property and prevents that 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 terms ''fee tail'' and ''tailzie'' are from Medieval Latin , which means "cut(-short) fee". Fee tail deeds are in contrast to "fee simple" deeds, possessors of which have an unrestricted title to the property, and are empowered to bequeath or dispose of it as they wish (although it may be subject to the allodial title of a monarch or of a governing body with the power of eminent domain). Equivalent legal concepts exist or formerly existed in many other European countries and elsewhere; in Scots law tailzie was codified in the Entail Act 1685. Most common law jurisdictions have abolished ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Entail Act 1685
An 1685 Act of the Parliament of Scotland which codified tailzies and, in 1896, was retitled the Entail Act 1685 (c. 26) 2mo ed: c. 22 was one of the Entail Acts. It allowed entail settling heritable property inalienably on a specified line of heirs, restricting the rights of heirs. This act was disapplied bsection 2of the Entail (Scotland) Act 1914. The whole act was repealed bsections 76(2)of, anPart Iof Schedule 13 to, the Abolition of Feudal Tenure etc. (Scotland) Act 2000 on 28 November 2004.The Abolition of Feudal Tenure etc. (Scotland) Act 2000,sections 77(2)(a) and (d) The Abolition of Feudal Tenure etc. (Scotland) Act 2000 (Commencement No. 2) (Appointed Day) Order 2003 (SI 2003/456) (C 25)article 2/ref> See also sections 58, 62 and 75. References *Halsbury's Statutes, External linksThe Entail Act 1685 as amended, from Legislation.gov.uk legislation.gov.uk, formerly known as the UK Statute Law Database, is the official Web-accessible database of the statute ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tailzie
In Scots law, tailzie () is a feudal concept of the inheritance of immovable property according to an arbitrary course that has been laid out, such as in a document known as a "deed of tailzie". It was codified by the Entail Act 1685. Tailzie is similar to the common law concept of fee tail, as the "heir in tailzie" is entailed to the property. An "heir in tailzie" could not sell the property so inherited, except to the feu superior (that is, to the holder of the of the feu). Other spellings of the word are ''tailie'', ''taillie'', ''tailze'', ''tailyie'', ''tailye'', ''taylzie'', ''teally'', ''teilzie'', ''telyie'', ''teylyie'' ''tyle'', ''talyee''. It is derived from the Old French 'to cut' and 'cutting'. The 'z' was, until the simplification of printing to 26 characters, a yogh (''tailȝie'') and so is not sounded. Additional explanations The Entail Amendment Act 1848 gave all heirs in tailzie power to apply to the Court of Session to cease the deed of tailzie, compensat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ireland
Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelanda sovereign state covering five-sixths of the island) and Northern Ireland (part of the United Kingdomcovering the remaining sixth). It is separated from Great Britain to its east by the North Channel (Great Britain and Ireland), North Channel, the Irish Sea, and St George's Channel. Ireland is the List of islands of the British Isles, second-largest island of the British Isles, the List of European islands by area, third-largest in Europe, and the List of islands by area, twentieth-largest in the world. As of 2022, the Irish population analysis, population of the entire island is just over 7 million, with 5.1 million in the Republic of Ireland and 1.9 million in Northern Ireland, ranking it the List of European islands by population, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Feudal
Feudalism, also known as the feudal system, was a combination of legal, economic, military, cultural, and political customs that flourished in Middle Ages, medieval Europe from the 9th to 15th centuries. Broadly defined, it was a way of structuring society around relationships derived from the holding of land in exchange for service or labour. The classic definition, by François Louis Ganshof (1944),François Louis Ganshof (1944). ''Qu'est-ce que la féodalité''. Translated into English by Philip Grierson as ''Feudalism'', with a foreword by F. M. Stenton, 1st ed.: New York and London, 1952; 2nd ed: 1961; 3rd ed.: 1976. describes a set of reciprocal legal and Medieval warfare, military obligations of the warrior nobility and revolved around the key concepts of lords, vassals, and fiefs. A broader definition, as described by Marc Bloch (1939), includes not only the obligations of the warrior nobility but the obligations of all three estates of the realm: the nobility, the cl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Heir
Inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Officially bequeathing private property and/or debts can be performed by a testator via will, as attested by a notary or by other lawful means. Terminology In law, an "heir" ( heiress) is a person who is entitled to receive a share of property from a decedent (a person who died), subject to the rules of inheritance in the jurisdiction where the decedent was a citizen, or where the decedent died or owned property at the time of death. The inheritance may be either under the terms of a will or by intestate laws if the deceased had no will. However, the will must comply with the laws of the jurisdiction at the time it was created or it will be declared invalid (for example, some states do not recognise handwritten wills as valid, or only in ... [...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 '' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Life Interest
A life interest (or life rent in Scotland) is a form of right, usually under a trust, that lasts only for the lifetime of the person benefiting from that right. A person with a life interest is known as a life tenant. A life interest ends when the life tenant dies. An '' interest in possession trust'' is the most common example of a ''life interest trust''. In a typical interest in possession trust, the life tenant receives all the income from the trust for the rest of his or her life. On the life tenant's death Death is the end of life; the irreversible cessation of all biological functions that sustain a living organism. Death eventually and inevitably occurs in all organisms. The remains of a former organism normally begin to decompose sh ..., the trust comes to an end, and the capital of the trust is paid to another person, known as the remainderman, as specified by the trust document. One form of life interest is a life estate, an ownership interest i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Debt
Debt is an obligation that requires one party, the debtor, to pay money Loan, borrowed or otherwise withheld from another party, the creditor. Debt may be owed by a sovereign state or country, local government, company, or an individual. Commercial debt is generally subject to contractual terms regarding the amount and timing of repayments of #Principal, principal and interest. Loans, bond (finance), bonds, notes, and Mortgage loan, mortgages are all types of debt. In financial accounting, debt is a type of financial transaction, as distinct from equity (finance), equity. The term can also be used metaphorically to cover morality, moral obligations and other interactions not based on a monetary value. For example, in Western cultures, a person who has been helped by a second person is sometimes said to owe a "debt of gratitude" to the second person. Etymology The English term "debt" was first used in the late 13th century and comes by way of Old French from the Latin verb ' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Illegitimate Child
Legitimacy, in traditional Western common law, is the status of a child born to parents who are legally married to each other, and of a child conceived before the parents obtain a legal divorce. Conversely, ''illegitimacy'', also known as ''bastardy'', has been the status of a child born outside marriage, such a child being known as a bastard, a love child, a natural child, or illegitimate. In Scots law, the terms natural son and natural daughter carry the same implications. The importance of legitimacy has decreased substantially in Western countries since the sexual revolution of the 1960s and 1970s and the declining influence of Christian churches in family and social life. A 2009 report from the Centers for Disease Control and Prevention indicated that in 2007 a substantial proportion of births in Western countries occurred outside marriage. Law England's Statute of Merton (1235) stated, regarding illegitimacy: "He is a bastard that is born before the marriage of his ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Baron FitzWarin
Baron FitzWarin (also written FitzWaryn, FitzWarine, and other spellings) was a title in the Peerage of England created by writ of summons for Fulk V FitzWarin in 1295. His family had been magnates for nearly a century, at least since 1205 when his grandfather Fulk III FitzWarin obtained Whittington Castle near Oswestry, which was their main residence and the seat of a marcher lordship. All the male heirs were given the first name Fulk, and the barony with the castle and lordship of Whittington descended from father to son until 1420. It then passed to an heiress, Elizabeth FitzWarin, and from her to the Bourchier family, with John Bourchier being created Earl of Bath in 1536. The line ended with the death of Edward Bourchier, 4th Earl of Bath in 1636. In 1913 the title was unsuccessfully claimed by Sir Robert Wrey, a distant relative who had acquired parts of what had been the FitzWarin estate. Predecessors of barons * Fulk I FitzWarin (died before 1172), a supporter ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
