Lat. In the civil lgw. A coming in place of another, on hls decease; a coming into the estate which a deceased person had at the time of his death. This was either by virtue of an express appoint-ment of the deceased person by bis will, (ex testamento,) or by tbe general appointment of law in case of intestacy, (ab intestato.) InsL 2, 9, 7; Heinecc. Elem. lib. 2, tit. 10
Source: Black's Law Dictionary 2nd Ed (1910)
In tbe civU Uw and in Louisiana. 1. The fact ot the transmission of the rights, estate, obligations, and charges of a deceased person to his heir or heirs
Source: Black's Law Dictionary 2nd Ed (1910)
In old Scotch law. Base holders; inferior holders; they who held their lands of knights. Skene
Source: Black's Law Dictionary 2nd Ed (1910)
An under-tenant; one wbo leases all or a part of tbe rented premises from the original lessee for a term less than that held by the latter. Forrest v. Durnelh 86 Tex. 647, 26 S. W. 481
Source: Black's Law Dictionary 2nd Ed (1910)
The offense of wlth-holdlng or withdrawing from another man what by law he is entitled to. There are various descriptions of this offense, of which the principal are as follows: (1) Subtraction of suit and services, which is a species of in-jury affecting a man's real property, and con-sists of a withdrawal of (or a neglect to per-form or pay) the fealty, suit of court, rent, or services reserved by the lessor of the land. (2) Subtraction of tithes is the withholding from the parson or vicar the tithes to which he is entitled, and this is cognizable in the ecclesiastical courts. (3) Subtraction of con-jugal rights is the withdrawing or wlthhold-ing by a husband or wife of those rights and privileges which the law allows to either party. (4) Subtraction of legacies is the withholding or detaining of legacies by an executor. (5) Subtraction of church rates, in Euglish law, consists in the refusal to pay tbe amount of rate at which any individual parishioner has been assessed for the necessary repairs of the parish church. Brown
Source: Black's Law Dictionary 2nd Ed (1910)
where a will contains a gift of property tq a class of persons, with a clause providing that on the death of a member of the class before the period of distribution bis share is to go to his Issue, (lf any,) so as to substitute them for him, the gift to tbe issue is said to be substitutional or substitutionary: A bequest to such ot the children of A. as shall be living at the testator's death, with a direction that the issue of such as Bhall have died shall take the shares which their parents would have taken, if living at the testator’s death, is an example. Sweet. See Acken v. osborn, 45 N. J. Eq. 377, 17 AU. 767; In re De Laveaga’s Estate, 119 Cal. 651, 51 Pac. 1074
Source: Black's Law Dictionary 2nd Ed (1910)
In French law. Tbe fraudulent appropriation of any property, but particularly of the goods of a decedent's estate
Source: Black's Law Dictionary 2nd Ed (1910)
Lat. In Roman law, it was competent for a testator after instituting a baeres (called the “baeres institutus") to substitute auother (called the “baeres substitutus”) In bis place in a certain event. If the event upon which the substitu-tion was to take effect was the refusal of tbe instituted heir to accept the inheritance at all, then the substitution was called “vulgaris" (or common;) but if the event was the death of the infant (pupillus) after ac-ceptance, and before attaining hls majority, (of fourteen years if a male, and of twelve years lf a female,) then the substitution was called “papillaris," (or for mlnors.) Brown
Source: Black's Law Dictionary 2nd Ed (1910)
In English praotice. Service of process made under authorization of the court upon some other person, when the person who should be serv-ed cannot be found or cannot be reached
Source: Black's Law Dictionary 2nd Ed (1910)
In Scotch law. The person first called or nominated in a tailzie (entailment of an estate upon a number of heirs in succession) is called the “institute” or “heir-institute;" the rest are called “sub-stltutes.”
Source: Black's Law Dictionary 2nd Ed (1910)
A sum. as-sessed by way of damages, wbich is worth having; opposed to nominal damuges, which
Source: Black's Law Dictionary 2nd Ed (1910)
That part of the law which the courts are established to ad-minister, as opposed to the rules according to which the substantive law Itself is administered. That part of the law which creates, defines, and regulates rights, as opposed to adjective or remedial law, which prescribes the method of enforcing rights or obtaining redress for their invasion
Source: Black's Law Dictionary 2nd Ed (1910)
In Englisb law. An aid, tax, or tribute granted by parliament to the kiug for tbe urgent occasions of the king-dom, to be levied on every subject of ability, according to the value of bis lands or goods. Jacob
Source: Black's Law Dictionary 2nd Ed (1910)
Essence; the material or essential part of a tiling, as distinguished from “form.” See State v. Bnrgdoerfer, 107 Mo. 1, 17 S. W. 646, 14 L. R. A. 846; Hugov. Miller, 50 Minn. 105, 52 N. W. 381: Pierson v. Insurance Co., 7 IIoust. (Del.) 307, 31 Atl. 966
Source: Black's Law Dictionary 2nd Ed (1910)
Lat in Roman law. Lower seats or benches, occupied by the indices and by inferior magistrates when they sat in judgment, as distinguished from the tribunal of the pnetor. Calvin
Source: Black's Law Dictionary 2nd Ed (1910)
Lat in the civU law. A writing under, or under-writing; a writ-ing of tbe name under or at tbe bottom of an instrument by way of attestation or ratificn-tion; subscription
Source: Black's Law Dictionary 2nd Ed (1910)
Tbe act of writing one’s name under a written instrument; the affixing one's signature to any document
Source: Black's Law Dictionary 2nd Ed (1910)
In the iaw of contracts. To write under; to write the name under; to write the name at the bottom or end of a writing, wild Cat Branch v. Ball, 45 Ind. 213; Davis v. Shields, 26 wend. (N. Y.) 341
Source: Black's Law Dictionary 2nd Ed (1910)
The substitution of one thing for another, or of one person Into the place of another with respect to rights, claims, or securities
Source: Black's Law Dictionary 2nd Ed (1910)
A person who is suhrogat-ed; one who succeeds to the rights of another by subrogation
Source: Black's Law Dictionary 2nd Ed (1910)
Lat. In the civil law. obtaining gifts of escheat, etc., from the king by concealing the truth. Bell; Calvin
Source: Black's Law Dictionary 2nd Ed (1910)