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Presumptive heir
Presumptive heirOne who, if the ancestor should die immediately, would under the present circumstances of things be his heir, but whose right of inheritance may be defeated by the contingency of some nearer heir being born; as a brother, who is the presumptive heir, may be defeated by the birth of a child to the ancestor. RELATED TERMS-------------------------------------- Present A gift, or wore properly the thing given. It is provided by the constitution of the United States, that "no person holding any office of profit or trust under them, [the United States] shall, without the consent of congress, accept of any present, emolument, or office, or title of any kind whatever, from any king, prince, or foreign state." Things By this word is understood every object, except man, which may become an active subject of right. Code du Canton de Berne, art. 332. In this sense it is opposed, in the language of the law, to the word persons. 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. Right 1) Sometimes it signifies a law, as when we say that natural right requires us to keep our promises, or that it commands restitution, or that it forbids murder. In our language it is seldom used in this sense. 2) It sometimes means that quality in our actions by which they are denominated just ones. This is usually denominated rectitude. 3) It is that quality in a person by which he can do certain actions, or possess certain things which belong to him by virtue of some title. In this sense, we use it when we say that a man has a right to his estate or a right to defend himself. Inheritance 1) Estates. A perpetuity in lands to a man and his heirs; or it is the right to succeed to the estate of a person who died intestate. 2) The property which is inherited is called an inheritance. 3) Among the civilians, by inheritance is understood the succession to all the rights of the deceased. Brother Domestic relat. He who is born from the same father and mother with another, or from one of them only. Birth The act of being wholly brought into the world. The whole body must be detached from that of the mother, in order to make the birth complete. Child Generally, an unmarried person under 21 years of age who is: a child born in wedlock; a stepchild, provided that the child was under 18 years of age at the time that the marriage creating the stepchild relationship occurred; a legitimated child, provided that the child was legitimated while in the legal custody of the legitimating parent; a child born out of wedlock, when a benefit is sought on the basis of its relationship with its mother, or to its father if the father has or had a bona fide relationship with the child; a child adopted while under 16 years of age who has resided since adoption in the legal custody of the adopting parents for at least 2 years; or an orphan, under 16 years of age, who has been adopted abroad by a U.S. citizen or has an immediate-relative visa petition submitted in his/her behalf and is coming to the United States for adoption by a U.S. citizen. SIMILAR TERMS-------------------------------------- Prescriptible That which is subject to prescription. Prescription The manner of acquiring property by a long, honest, and uninterrupted possession or use during the time required by law. The possession must have been possessio longa, continua, et pacifica, nec sit ligitima interruptio, long, continued, peaceable, and without lawful interruption. Presence The existence of a person in a particular place. Present A gift, or wore properly the thing given. It is provided by the constitution of the United States, that "no person holding any office of profit or trust under them, [the United States] shall, without the consent of congress, accept of any present, emolument, or office, or title of any kind whatever, from any king, prince, or foreign state." Present value The value of a future payment or series of future payments discounted to the current date or to time period zero. Presentation Ecclesiastical law. The act of a patron offering his clerk to the bishop of the diocese to be instituted in a church or benefice. Presentee eccles. law., A clerk who has been presented by his patron to a bishop in order to be instituted in a church. Presentence report A report to the sentencing judge containing background information about the crime and the defendant to assist the judge in making his or her sentencing decision. Presentment Criminal law, practice. The written notice taken by a grand jury of any offence, from their own knowledge or observation, without any bill of indictment laid before them at the suit of the government; 2) Contracts. The production of a bill of exchange or promissory note to the party on whom the former is drawn, for his acceptance, or to the person bound to pay either, for payment. Presents This word signifies the writing then actually made and spoken of; as, these presents; know all men by these presents, to all to whom these presents shall come. Preservation keeping safe from harm; avoiding injury. This term always presupposes a real or existing danger. President An officer of a company who is to direct the manner in which business is to be transacted. From the decision of the president there is an appeal to the body over which he presides. President of the United States of America This is the title of the executive officer of this country. Press By a figure this word signifies the art of printing. The press is free. Presumption evidence. An inference as to the existence of one fact, from the existence of some other fact, founded on a previous experience of their connexion Presumption of advancement A presumption in trust, contract and family law which suggests that property transferred from a parent to a child, or spouse to spouse, is a gift and would defeat any presumption of a resulting trust. Presumption of law A rule of law that courts and judges shall draw a particular inference from a particular fact, or from particular evidence. Presumption of validity An assumption, where there is doubt as to the applicable law, that the parties intended the legal system under which the clause or contract would be valid (in a situation where contract or clause is valid under one legal system, but invalid under another one). PREVIOUS AND NEXT TERMS-------------------------------------- Press By a figure this word signifies the art of printing. The press is free. Presumption evidence. An inference as to the existence of one fact, from the existence of some other fact, founded on a previous experience of their connexion Presumption of advancement A presumption in trust, contract and family law which suggests that property transferred from a parent to a child, or spouse to spouse, is a gift and would defeat any presumption of a resulting trust. Presumption of law A rule of law that courts and judges shall draw a particular inference from a particular fact, or from particular evidence. Presumption of validity An assumption, where there is doubt as to the applicable law, that the parties intended the legal system under which the clause or contract would be valid (in a situation where contract or clause is valid under one legal system, but invalid under another one). Presumptive heir Pret a usage Loan for use. This phrase is used in the French law instead of commodatum Pretense Also False Pretense. To represent something to be what it is not. Pretention French law. The claim made to a thing which a party believes himself entitled to demand, but which is not admitted or adjudged to be his. Preterition Civil law. The omission by a testator of some one of his heirs who is entitled to a legitime, in the succession. Pretermitted child A child born after a will is executed, who is not provided for by the will. Most states have laws that provide for a share of estate property to go to such children. We thank you for using the Juridical Dictionary to search for Presumptive heir. If you have a better definition for Presumptive heir than the one presented here, please let us know by making use of the suggest a term option. This definition of Presumptive heir may be disputed by other professionals. Our attempt is to provide easy definitions on Presumptive heir and any other medical topic for the public at large.
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