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Devisavit vel non
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Devisavit vel nonPractice. The name of an issue sent out of a court of chancery, or one which exercises chancery jurisdiction, to a court of law, to try the validity of a paper asserted and denied to be a will, to ascertain whether or not the testator did devise, or whether or not that paper was his will.
RELATED TERMS--------------------------------------
Practice
The form, manner and order of conducting and carrying on suits or prosecutions in the courts through their various stages, according, to the principles of law, and the rules laid down by the respective courts.
Name
One or more words used to distinguish a particular individual, as Socrates, Benjamin Franklin.
Issue
1) Kindred. This term is of very extensive import, in its most enlarged signification, and includes all persons who have descended from a common ancestor. But when this word is used in a will, in order to give effect to the testator's intention it will be construed in a more restricted sense than its legal import conveys. 2) Pleading. An issue, in pleading, is defined to be a single, certain and material point issuing out of the allegations of the parties, and consisting, regularly, of an affirmative and negative. In common parlance, issue also signifies the entry of the pleadings.
Court
A body in government to which the administration of justice is delegated.
Jurisdiction
Practice. A power constitutionally conferred upon a judge or magistrate, to take cognizance of, and decide causes according to law, and to carry his sentence into execution. The tract of land or district within which a judge or magistrate has jurisdiction, is called his territory, and his power in relation to his territory is called his territorial jurisdiction.
Law
A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system.
Will
A will is a legal document in which a person directs how his property is to be distributed after his death. Such documents must be executed in due form and must be duly witnessed.
Testator
One who has made a testament or will.
Devise
The transfer or conveyance of real property by will.
SIMILAR TERMS--------------------------------------
Deviation
A departure by the carrier of goods by sea from the agreed or customary geographic route, done without the consent of the cargo interests. At common law, a deviation deprived cargo of its insurance coverage, so that the carrier was treated as the insurer of the goods.
Devise
The transfer or conveyance of real property by will.
Devisee
A person to whom a devise has been made.
PREVIOUS AND NEXT TERMS--------------------------------------
Detinet
He detains.
Detinue
A common law action similar to conversion and also involving the possession of property by the defendant but belonging to the plaintiff but in which the plaintiff asks the court for the return of the property, although the plaintiff may also ask for damages for the duration of the possession.
Detinuit
Practice. He detained.
Devastavit
Latin for "he has wasted." This is the technical word referring to a personal representative who has mismanaged the estate and allowed an avoidable loss to occur. This action opens the personal representative to personal liability for the loss.
Deviation
A departure by the carrier of goods by sea from the agreed or customary geographic route, done without the consent of the cargo interests. At common law, a deviation deprived cargo of its insurance coverage, so that the carrier was treated as the insurer of the goods.
Devisavit vel non
Devise
The transfer or conveyance of real property by will.
Devisee
A person to whom a devise has been made.
Devoir
Duty.
Devolution
Ecclesiastical law. The transfer, by forfeiture, of a right and power which a person has to another, on account of some act or negligence of the person who is vested with such right or power.
Dicey
Albert Vein Dicey. As Vinerian professor of English law at Oxford (1882-1909), Dicey published his three most influential works: the Introduction to the Study of the Law of the Constitution (1885); Conflict of Laws (1896); and Law and Opinion in the Nineteenth Century (1905). Today, Dicey & Morris, The Conflict of Laws, 13 Ed. (2000) is the classic text on fixed rules solving conflict of law problems in England.
RELATED TERMS--------------------------------------
Practice
The form, manner and order of conducting and carrying on suits or prosecutions in the courts through their various stages, according, to the principles of law, and the rules laid down by the respective courts.
Name
One or more words used to distinguish a particular individual, as Socrates, Benjamin Franklin.
Issue
1) Kindred. This term is of very extensive import, in its most enlarged signification, and includes all persons who have descended from a common ancestor. But when this word is used in a will, in order to give effect to the testator's intention it will be construed in a more restricted sense than its legal import conveys. 2) Pleading. An issue, in pleading, is defined to be a single, certain and material point issuing out of the allegations of the parties, and consisting, regularly, of an affirmative and negative. In common parlance, issue also signifies the entry of the pleadings.
Court
A body in government to which the administration of justice is delegated.
Jurisdiction
Practice. A power constitutionally conferred upon a judge or magistrate, to take cognizance of, and decide causes according to law, and to carry his sentence into execution. The tract of land or district within which a judge or magistrate has jurisdiction, is called his territory, and his power in relation to his territory is called his territorial jurisdiction.
Law
A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system.
Will
A will is a legal document in which a person directs how his property is to be distributed after his death. Such documents must be executed in due form and must be duly witnessed.
Testator
One who has made a testament or will.
Devise
The transfer or conveyance of real property by will.
SIMILAR TERMS--------------------------------------
Deviation
A departure by the carrier of goods by sea from the agreed or customary geographic route, done without the consent of the cargo interests. At common law, a deviation deprived cargo of its insurance coverage, so that the carrier was treated as the insurer of the goods.
Devise
The transfer or conveyance of real property by will.
Devisee
A person to whom a devise has been made.
PREVIOUS AND NEXT TERMS--------------------------------------
Detinet
He detains.
Detinue
A common law action similar to conversion and also involving the possession of property by the defendant but belonging to the plaintiff but in which the plaintiff asks the court for the return of the property, although the plaintiff may also ask for damages for the duration of the possession.
Detinuit
Practice. He detained.
Devastavit
Latin for "he has wasted." This is the technical word referring to a personal representative who has mismanaged the estate and allowed an avoidable loss to occur. This action opens the personal representative to personal liability for the loss.
Deviation
A departure by the carrier of goods by sea from the agreed or customary geographic route, done without the consent of the cargo interests. At common law, a deviation deprived cargo of its insurance coverage, so that the carrier was treated as the insurer of the goods.
Devisavit vel non
Devise
The transfer or conveyance of real property by will.
Devisee
A person to whom a devise has been made.
Devoir
Duty.
Devolution
Ecclesiastical law. The transfer, by forfeiture, of a right and power which a person has to another, on account of some act or negligence of the person who is vested with such right or power.
Dicey
Albert Vein Dicey. As Vinerian professor of English law at Oxford (1882-1909), Dicey published his three most influential works: the Introduction to the Study of the Law of the Constitution (1885); Conflict of Laws (1896); and Law and Opinion in the Nineteenth Century (1905). Today, Dicey & Morris, The Conflict of Laws, 13 Ed. (2000) is the classic text on fixed rules solving conflict of law problems in England.
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This dictionary contains 8526 terms.
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