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Failure of issue
Failure of issueWant or non-existence of descendants; more particularly, lack of issue who may take an estate limited over by an executory devise. RELATED TERMS-------------------------------------- Descendants Those who have issued from an individual, and include his children, grandchildren, and their children to the remotest degree. 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. 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. Estate A right or interest in property or the property of a deceased person. Executory Whatever may be executed; as an executory sentence or judgment, an executory contract. Devise The transfer or conveyance of real property by will. SIMILAR TERMS-------------------------------------- Failure A total defect; an omission; a non-performance. Failure also signifies a stoppage of payment; as, there has been a failure to-day, some one has stopped payment. Failure of consideration Want or absence of a legal consideration. Failure of evidence Absence of legal evidence. Failure of justice Defeat of right and justice from want of legal remedy. Failure of record The neglect to produce the record after having pleaded it. When a defendant pleads a matter, and offers to prove it by the record, and then pleads nul tiel record, a day is given to the defendant to bring in the record if he fails. to do so, he is said to fail, and there being a failure of record, the plaintiff is entitled to judgment. Termes de lay Ley. Failure of title Defect or want of title. Failure of trust Defeat of a proposed trust from want of constituting facts or elements or of law to effectuate the object. Failure to arraign All individuals who are arrested must be taken to court?that is, ?arraigned??within 48 hours of the time of arrest, excluding Sundays and holidays.ÿ If the 48 hours expires at a time when the court is not in session, the time shall be extended to include the duration of the next court date.ÿÿ Anyone who is not arraigned within this time frame will be released from custody without delay. PREVIOUS AND NEXT TERMS-------------------------------------- Factum probandum The fact to be proved. Faculty 1)Canon law. A license; an authority. For example, the ordinary having the disposal of all seats in the nave of a church, may grant this power, which, when it is delegated, is called a faculty, to another. 2)French law. Equivalent to ability or pow-er. The term faculty is more properly applied to a power founded on the consent of the party from whom it springs, and not founded on property. Failure A total defect; an omission; a non-performance. Failure also signifies a stoppage of payment; as, there has been a failure to-day, some one has stopped payment. Failure of consideration Want or absence of a legal consideration. Failure of evidence Absence of legal evidence. Failure of issue Failure of justice Defeat of right and justice from want of legal remedy. Failure of record The neglect to produce the record after having pleaded it. When a defendant pleads a matter, and offers to prove it by the record, and then pleads nul tiel record, a day is given to the defendant to bring in the record if he fails. to do so, he is said to fail, and there being a failure of record, the plaintiff is entitled to judgment. Termes de lay Ley. Failure of title Defect or want of title. Failure of trust Defeat of a proposed trust from want of constituting facts or elements or of law to effectuate the object. Faint pleader A false, fraudulent, or collusory manner of pleading, to the deception of a third person. We thank you for using the Juridical Dictionary to search for Failure of issue. If you have a better definition for Failure of issue than the one presented here, please let us know by making use of the suggest a term option. This definition of Failure of issue may be disputed by other professionals. Our attempt is to provide easy definitions on Failure of issue and any other medical topic for the public at large.
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