Page:Black's Law Dictionary (Second Edition).djvu/1035

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RESIDUARY 10

tier, after paying the debts and particular leg- ? of the deceased, and before paying over

he residuum, must pass before the board of in- land revenue. Moziey & Whitley.—-Besidnnry clsuie. The clause in s will by which that purl of the property is disposed of which re- -ifins after satisfying previous bequests and de- —Eesiduary devise and devises. See .—Res estate. The remaining Er: of a tcst:itur‘s estate and effects, after pay-

of debts and legncies; or that portion of

estste which has not been particularly de- IE or bequeathed. See Wetmore v. St. Luke‘s Its]-itnl. 56 Hun, 313, 9 N. Y. Supp. 75‘d.——Residus.ry legacy. See LEGACY.

RESIDUE. The snrpius of ii, testiitor’s Efllle reiiuiining after aii the debts and particular l\!_g1lLleS have been discharged. 2 Bl. Comm. 514.

The "residue" of a testator's estate_nnd ef-

rneiins “hot is ieft after all llabllitiis are dbsiirged, and nli the purposes of the testa- Uv. ipecihciilly expressed in his wiil, are car-

Luto elfect. Giaves v. Howard, 56 N. 3 ..

RESEDIIIIM. That which remains after any process of separation or deduction; a residue or baiance. That which remains of a decedent's estate, after debts have been paid and legacies deducted. See Parsons v. L'olg.ite (O. C.) 15 Fed. (303; Robinson v. Millard. 133 Mass. 231); United states Trust LI. v. Black. 5) Misc. Rep. 553, 3U N. Y. Supp. 433.

Reslg-natla est juris prop:-ii spontanea i-efutstio. Resignation is a spontaneous re- linquishment of one's own l‘igl.IL Godb. 28-L.

RESIGNATION. The nct by which an oliicer renounces the further exercise of his oilice and returns the same into the hands of those from whom he received it.

In ecclesiastical law. Resignation is there a p-arson, vicar, or other beiieficed deuzyniuii voiuntarily gives up and surren- iiers his charge and preferment to those from whom he received the same. It is nsuniiy done by an instrument attested by a notiiry. [‘hH-im. Ecc. Law, 517.

In Scotch law. The return of a fee into the hands of the superior. Boll. —Resignation bond. A bond or other engagement in writing taken by a patron from the clergyman presented by him to a living, to resign the bcnefice at E future period. This is allowable in certain cases under St 9 Gm, IV. c. 9-}, passed in 1828. 2. Staph. Comm. 721.

RESIG-NEE. One in fnvor of Whom 3. resignntiou is made. 1 Beii, Comm. 12.5n.

RESILIRE. Lat. In old English law. To draw back from a contract before it is made binding. Briict. fol. 38.

RESIST. To oppose. This word proper- ly describes an opposition by direct action nnd quuxi forcible menus. State v. Welch, 37 Wis. 196.

9

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7 RESORT RESISTANCE. The act of resisting opposition; the employment of forcibie menus

to prevent the execution of an endeavor in which force is employed. See U. S. v. Jose (0. C.) 6.5 Fed. 954; U. S. v. Huff (C. C.) 13 Fed. 639.

III-}SIS'l‘flN'G AN OFFICER. In criminal law, the oitcnse of obstructing, oppos' -v, nnd endeuvoring to prevent (with or without sctual foice) a peace officer in the execution of a writ or in the iawfnl discharge of his duty while making an arrest or otherwise en- forcing the [leaLe. See Davis v. State. 76 Ga. 722; Woodworth v. State. 26 Ohio St. 200; Jones v. State, 60 Ala. 99.

R1-ISOLUCION. In Spanish coioniai law. An opinion torined by some superior authority on matters referred to its decision, and forwarded to interior authorities for their instruction and government. schm. Civil Law, 93, note 1.

RESOLUTION. The determination or decision, in regard to its opinion or intention, of a deliberzitive or legisiative body, pnbilc assembly, town council, board of directors or the like. Also a motion or forniai proposition oliered for adoption by such a body.

In legislative practice. The term is nsnaily employed to denote the adoption of a motion, the subject-matter of which would not properly constitute a statute; such as a mere expression of opinion; nu aitcration of the ruies; i1 vote of thanks or of censure, etc. See City of Cape Girardean v. Fongeu, :50 Mo. App. 5%; McDowell v. People, 204 Iii, 49!). 58 N. E. 379.

In practice. The judgment of a court. 5 Mod. 438; 10 l\I0d. 209.

In the civil law. The cancellation or annuliing, by the act of parties or judgment of a court, of an existing contract which wns valid and binding. in consequence of some cause or mutter arising after the making or the agreement, nnd not in consequence of any inherent vice or defect, which, in\'aii- dating the contract from the beginning, would be ground for rescission. 7 Tonlller, no. 551.

RESOLUTIVE. In Scotch conveyancing. Having the quality or eiiect of resolving oi- extinguishing a right. Beli.

Resolrito juro concedentis resolvitur jus concessum. The right of the grantor being extinguished, the right granted is extinguished. Mackeld. Roin. Law, 179; Brooni, Max. 467.

RESOLUTORY CONDITION. DITION.

See Oun-

RESORT, 1:. To go back. “It resorted to the line of the mother." Haie, Com. Law.

c. 11.