Juridical Dictionary

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8526
juridical terms

Admeasurement of dower






Admeasurement of dower

Remedies. The following account of it is given by Chief Baron Gilbert. "The writ of admeasurement of dower lieth where the heir when he is within age, and endoweth the wife of more than she ought to have dower of; or if the guardian in chivalry, [for the guardian in socage cannot assign dower,] endoweth the wife of more than one-third part of the land of which she ought to have dower, then the heir, at full age, may sue out this writ against the wife, and thereby shall be admeasured, and the surplusage she hath in dower shall be restored to the heir; but in such case there shall not be assigned anew any lands to hold to dower, but to take from her so much of the lands as surpasseth the third part whereof she ought to be endowed; and he need not set forth of whose assignments she holds."

RELATED TERMS
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Account
Practice. 1) A statement of the receipts and payments of an executor, administrator, or other trustee, of the estate confided to him. 2) An account is also the statement of two merchants or others who have dealt together, showing the debits and credits between them.

Chief
Principal. One who is put above the rest.

Baron
1) This word has but one signification in American law, namely, hushand: we use baron and feme, for hushand and wife. 2) In England, and perhaps some other countries, baron is a title of honor; it is the first degree of nobility below a viscount. 3) In the laws of the middle ages, baron or bers, (baro) signifes a great vassal; lord of a fief and tenant immediately from the king: and the words baronage, barnage and berner, signify collectively the vassals composing the court of the king; as Le roi et son barnage, The king and his court.

Writ
An official court document, signed by a judge or bearing an official court seal, which commands the person to whom it is addressed, to do something specific. That "person" is typically either a sheriff (who may be instructed to seize property, for example) or a defendant (for whom the writ is the first notice of formal legal action. In these cases, the writ would command the person to answer the charges laid out in the suit, or else judgment may be made against them in their absence).

Dower
A wife's common law right to inherit from her husband.

Heir
One born in lawful matrimony, who succeeds by descent, and right of blood, to lands, tenements or hereditaments, being an estate of inheritance. It is an established rule of law, that God alone can make an heir. According to many authorities, heir may be nomen collectivuum, as well in a deed as in a will, and operate in both in the same mannar, as heirs in the plural number.

When
1) At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 2) The context of a will may show that the word when is to be applied to the possession only, not to the vesting of a legacy; but to justify this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent.

Guardian
An individual who, by legal appointment or by the effect of a written law, is given custodyof both the property and the person of one who is unable to manage their own affairs, such as a child or mentally-disabled person.

Chivalry
Ancient English law. This word is derived from the French chevelier, a horseman. It is. the name of a tenure of land by knight's service.

Socage
English law. A tenure of lands by certain inferior services in husbandry, and not knight's service, in lieu of all other services.

Assign
To give, to transfer responsibility, to another. The assignee (sometimes also called "assigns") is the person who receives the right or property being given and the assignor is the person giving.

Surplusage
Pleading. A superfluous and useless statement of matter wholly foreign and impertinent to the cause. 2) Accounts. A greater dishursement than the charges of the accountant amount to.

Case
1) Practice. A contested question before a court of justicea suit or action a cause. 2) An agreement in writing, between a plaintiff and defendant, that the facts in dispute between them are as there agreed upon and mentioned

Hold
To decide, adjudge, decree. Whence also freehold and leasehold. "Holding", relating to ownership in property, embraces two idea: actual possession of some subject of property, and being invested with the legal title. It may be applied to anything the subject of property, in law or in equity.

Take
This is a technical expression which signifies to be entitled to; as, a devisee will take under the will. To take also signifies to seize, as to take and carry away.



SIMILAR TERMS
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Admeasurement of pasture
English law. The name of a writ which lies where any tenants have common appendant in another ground and one overcharges the common with beasts. The other commoners, to obtain their just rights, may sue out this writ against him.



PREVIOUS AND NEXT TERMS
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Adjunctum accessorium, civil law
Something which is an accessory and appurtenant to another thing.

Adjuration
The act by which one person solemnly charges another to tell or swear to the truth.

Adjustment to immigrant status
Procedure allowing certain aliens already in the United States to apply for immigrant status. Aliens admitted to the United States in a nonimmigrant, refugee, or parolee category may have their status changed to that of lawful permanent resident if they are eligible to receive an immigrant visa and one is immediately available. In such cases, the alien is counted as an immigrant as of the date of adjustment, even though the alien may have been in the United States for an extended period of time.

Adjutant
A military officer, attached to every battalion of a regiment. It is his duty to superintend, under his superiors, all matters relating to the ordinary routine of discipline in the regiment.

Adjutant-general
A staff officer; one of those next in rank to the Commander-in-chief.

Admeasurement of dower

Admeasurement of pasture
English law. The name of a writ which lies where any tenants have common appendant in another ground and one overcharges the common with beasts. The other commoners, to obtain their just rights, may sue out this writ against him.

Admiitendo in socium
A writ associating certain persons tojustices of assize.

Adminicle
1) A term, in the Scotch and French law, for any writing or deed referred to by a party, in an action at law, for proving his allegations. 2) A term in the civil, law for imperfect proof.

Administration
Government. The management of the affairs of the government; this word is also applied to the persons entrusted with the management of the publio affairs.

Administrative agencies
Agencies created by the legislative branch of government to administer laws pertaining to specific areas such as taxes, transportation, and labor.

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This dictionary contains 8526 terms.