DE BONIS TESTATORIS AC SI
(Eat. From the goods of the testator, if he has an p. and, if not., fmm those o/ the executor.) A judgment rendered where an executor falsely pleads any matter as a
Search Results for: will – Page 138
CURIA ADVISARI VULT L LAT
The court will advise; the court will consider. A phrase frequently found in the reports, signifying the resolution of the court to suspend judgment in a cause, after the argument until they
DEBT BY SPECIALTY
A debt due, or acknowledged to be due, by some deed or instrument under seal; as a deed of covenant or sale, a lease reserving rent, or a bond or obligation. 2
CUSTODY OF THE LAW
Property is in the custody of the law when it has been lawfully taken by authority of legal process, and remains in the possession of a public officer (as, a sheriff) or
DECEDENT
A deceased person; one who has lately died. Etymologically the word denotes a person who is dying, but it has come to be used in law as signifying any defunct person, (testate
CUSTOMARY FREEHOLD
In English law. A variety of copyhold estate, the evidences of the title to which are to be found upon the court rolls; the entries declaring the holding to be according to
DECLARATION
In pleading. The first of the pleadings on the part of the plaintiff in an action at law, being a formal and methodical specification of the facts and circumstances constituting his cause
DYING DECLARATIONS
Statements made by a person who is lying at the point of death, and is conscious of his approaching dissolution, in reference to the manner in which he received the injuries of
DE FIDE ET OFFICIO JUDICIS
Concerning the fidelity and official conduct of a judge, no question is [will he] entertained; hut [only] concerning his knowledge, whether tlie error [committed] he of law or of fact. I’.ac. Max.
DECLARE
To solemnly assert a fact before witnesses, e. g., where a testator declares a paper signed by him to be his last will aud testament. Lane v. Lane, 95 N. Y. 498.
CY-PRES
As near as [possible.] The rule of cy-prcs is a rule for the construction of instrumeuts in equity, by which the intention of the party is carried out as near as may
DECREE NISI
A provisional decree, which will be made absolute on motion unless cause be shown against it. In English practice, it is the order made by the court for divorce, on satisfactory proof
DABIS? DABO
Lat. (Will you give? I will give.) In the Roman law. One of the forms of making a verbal stipulation. Inst. 3, 15, 1; Bract, fol. 156.
COMPENSATORY AND EXEMPLARY DAMAGES
Compensatory damages are such as will compensate the injured party for the injury sustained, and nothing more; such as will simply make good or replace the loss caused by the wrong or
DE MELIORIBUS DAMNIS
Of or for the better damages. A term used in practice to denote the election by a plaintiff against which of several defendants (where the damages have been assessed separately) he will
INADEQUATE DAMAGES
Damages are called “inadequate,” within the rule that an injunction will not be granted where adequate damages at law could be recovered for the injury sought to be prevented, when such a
DE MINIMIS NON CNRAT LEX
The law does not care for, or take notice of, very small or trifling matters. The law does not concern itself about trifles. Cro. Eliz. 353. Thus, error in calculation of a
DE ODIO ET ATIA
A writ directed to the sheriff, commanding him to inquire whether a prisoner charged with murder was committed upon just cause of suspicion, or merely propter odium et atiam, (.through hatred and
DE PIP A VINI CARIANDA
A writ of trespass for carrying a pipe of wine so carelessly that it was stove, and the contents lost. Reg. Orig. 110. Alluded to by Sir William Jones in his remarks
DATIVE
A word derived from the Roman law, signifying “appointed by public authority.” Thus, in Scotland, an executor- dative is an executor appointed by a court of justice, corresponding to an English administrator.
