Category: D

To pass or be transferred from one person to another; to fall on, or accrue to, one person as the successor of an-other; as, a title, rights office, liability. The term ls said to be pecullarly appropriate to the passing of an estate from a persou dying to a person living. Parr v. Parr, 1 […]

EAL. In tbe law of

The transfer or transi-tlon from one person to another of a right, liability, title, estate, or office. Francisco v. Aguirre, 94 Cal. 180, 29 Pac. 495; owen v. Insurance Co., 50 Hun, 455, 10 N. Y. Supp. 75

Fr. Duty. It is used in the statute of 2 Ricb. II. c. 3, in the Bense of duties or customs

A giver of lands or real es-tate by will; the maker of a will of lands; a testator

The person to whom lands or other real property are devised or given by will. 1 Pow. Dev. c. 7

In practice

Capable of being devised

An Instrument of torture, formerly used to extort confes-sions, etc It was t made of several irons, which were fastened to the neck and legs

In insnranoo. Varying frtnn the: risks insured against, as described ln the pollcy, without necessity or juat cause, after the risk has begun. 1 Phil. Ins. { 977, et seq.; 1 Arn. Ins. 415, et seq. Hostetter v. Park, 137 U. S. 30, 11 Sup. Ct. 1. 34 L. Ed. 568; wilkins v. Insurance Co., […]

To deprive; to take away; to withdraw. Usually spoken of an authority, power, property, or title; as the estate is de-vested

They have wasted. A term applied ln old English law to waste by executors and administrators, and to the process issued against them therefor. Cow* ell. See Devastavit

wasteful use of the property of a deceased person, as for extravagant funeral or other unnecessary expenses. 2 Bl. Comm. 508

or DIVADIATUS. An

The act, or condi-tion, of one who marries a wlfe after the death of a former wife

pi. DEUNGES. Lat. In the Roman law. A division of the as, containing eleven uneiae or duodecimal parts; the proportion of eleven-twelfths. 2 Bl. Oomm. 462, note. See As

The removal of prop-erty from one state to another upon a transfer of the tltle to It by will or inheritance. Frederickson v. Louisiana, 23 How. 445, 16 L Ed. 577

To be torn ln pieces by horses. Fleta, 1. 1, c. 37

In pleading. An action of replevin is said to be in the detinuit when the plaintiff acquires possession of the property claimed by means of the writ. The right to retain is, of course, subject ln such case to the judgment of the court upon his title to the property claimed. Bull. N. P. 52L

In practice. A form of ac-tion which lies for the recovery, in specie, of personal chattels from one who acquired possession of them lawfully, but retains lt without right, together with damages for the detention. 3 Bl. Comm. 152. Slnnott v. Fel-ock, 165 N. T. 444, 59 N. E. 265. 53 L. R. A. 565, […]

Lat. He detains. In old English law. A species of action of debt, which lay for the specific recovery of goods, under a contract to deliver them. 1 Reeves, Eng. Law, 159

Lat. In the civil law. A summoning made, or notice given, in the presence of witnesses, (denuntiatto facta cum, testatione.) Dig. 50, 16, 40

To come to an end. To bring to an end. 2 Bl. Comm. 121; 1 washb. Real Prop. 380

The decision of a court of justice. Shirley v. Birch, 16 or. 1, 18 Pac. 344; Henavle v. Rallroad Co., 154 N. Y. 278, 48 N. E. 525. The ending or ex-piration of an estate or interest in property, or of a right, power, or authority

That which ls ascertained; what is particularly designated

That which may cease or determine upon the happening of a certain contingency. 2 Bl. Comm. 121

In the civil law. That condition of fact under wbicb one can exercise his power over a corporeal thing at hls pleasure, to the exclusion of all othera. It forms the substance of possession ln all its varieties. Mackeld. Rom. Law, | 238

Disuse; cessation or dis-continuance of use. Applied to obsolete statutes. James v. Cornu?-, 12 Serg. & R. (Pa.) 227

To weary a person with continual barkings, and then to bite; spoken of dogs. Leg Alured. 26, cited in Cunningham’s Dict

A term used in old English law, generally in connection with waste, and having, according to some, the same meaning. 1 Reeve, Eng. Law, 385 ; 3 Bl. Comm. 223. Britton, however, makes a distinction between waste of woods and de-struction of houses. Britt, c. 66

The purpose to which it is intended an article or a fund shall be applied. A testator gives a destination to a legacy when he prescribes the specific use to which lt shall he put

L. Fr. Unreasonable. Britt c. 121

This word, in its original and most simple acceptation, signifies master and supreme lord; it is synonymous with mon-arch ; bnt taken ln bad part, as it is usually t employed, it signifies a tyrant. In some states, despot is the title given to the sover-eign, as king is given in others. Enc. Lond

The act of betroth-ing persons to each other

This word involves, in Its t signification, violence or clandestine means’ by which one is deprived of that which he ” possesses. Its Spanish equivalent, despojar, is a term used in Mexican law. Sunol v. Hepburn, 1 Cal. 268

A possessory actlon of the Mexican law. It is brought to recover pos-session of Immovable property, of which one has been despoiled (despojado) by another

Contempt See Despite. A contemptible person. Fleta, llb. 4, c. 5

Contempt. Despite, contempts. Kelham

Hopeless; worthless. This term is used ln inventories and sched-ules of assets, particularly by executors, etc., to describe debts or claims which are con-sidered Impossible or hopeless of collection. See Schultz v. Pulver, 11 wend. (N. Y.) 365

In Spanish law. Persons deprived of memory, white, New Recop. b. 1, tit. 2, c. 1, g 4

A term used in the Span-lsh law, denoting the act by which the bound-arles of an estate or portion of a country are determined

A description or de-scriptive expression hy which a person or thing is denoted in a will without using the name

Thedescrlp-tion of a person or a party to a deed or con-tract

In the law of evidence. Pur-pose or intention, combined with plan, or implying a plan in the mind. Burrill. Circ. Ev. 331; State v. Grant, 86 Iowa, 216, 53 N. W. 120; Ernest v. State, 20 Fla. 388; Hogan v. State, 36 wis. 226

In Spanish law. Dis-honor; injury; slander. Las Partidas, pt. 7, tit. 9, L 1, 6

The act hy which a per-son abandons and forsakes, without justlfl-catlon, or unauthorized, a station or con-dition of public or social life, renouncing its responsibilities and evading its duties

RT. To leave or quit with an in-tention to cause a permanent separation; to forsake utterly; to abandon

1. A delineation or ac-count of a particular subject by the recital of its characteristic accidents and qualities

Lat. De-ecriptlon of the person. By this ls meant a word or phrase used merely for the purpose of identifying or pointing out the person lntended, and not as an intimatlou that the language In connection with which It occurs ls to apply to hlm only in the official or technical character which might appear […]

Capable of passing by descent, or of belng inherited or transmitted by devise, (spoken of estates, tltles, offices, and other property.) Collins v. Smlth, 105 Ga. 525, 31 S. E. 449