Page:Black's Law Dictionary (Second Edition).djvu/1088

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SETTLE

agreeing with his minutes and his recoiiection. Sec Railroad Co. v. Gone, 37 Kan. 5137, 15 Pac. 499; In re Pi'oiit‘s Estate Sur.) 11 N. Y. Supp. 160.—Settling- day. be day on which transactions for the "uutonnt" are made up on the English stock exchange in consuls thty are iuonilily; in other iniesimcuts, twice in the ll utli.—Settli.ng interrogatories. The de- l. min tion by the Lulllt of objections to interrugatoiics and oi-oss-interrogatories pi-r-p.iied [0 he used in taking B dcposition.—Settling issues. in English practice. Ariang,-lug or detuuiiuing the form of the issues in a cause. "Wheri-, in any action, it appears to the judge that the statement of claim or defense or reply does not suificiently disciose the issues of fact between the parties, he may direct the pnities to pro are issues; and such issues shall, if the parties diiier, he settled by the judge.’ Judicature Act 1S'i'5, schedule. art. 19.

SETTLEMENT. In conveyancing. A disposition of property by deed, usually through the medium of a trustee, by which its enjoyment is ilinited to several persons in succession, as a wife, children, or other ielatives.

In contracts. Adjustment or liquidation

of l1l1ltI.‘lillaL‘cKJ1lIltS; the act by which parties who have been dealing together arrange their

tiuiii payment or discharge of an account.

In pour laws. The term signifies a right acquired by a person, by continued residence for a given length of time iu a town or district, to claim aid or relief under the pooriaws in case of his becoming a pauper. See Westfield v. Coventry. 71 Vt. 175, 44 Atl. 66; Jcltersou v. Washington, 19 Me. 300; Jackson County v. Hiiisdaie County, 124 MILD. 17, 8.3 N W. 408.

In probate practice. The settlement of .in esthe consists i_u its arlininistrntiou by the executor or administrator carried so far that all debts and legacies have been paid and the individual shares of distributees in the corpus of the estate, or the residua.ry portion, as the case may be, defiuiteiy ascertained and determined, and accounts died and passed. so that nothing remains but to make tinal distribiition. See Caikins v. Smith, 41 Mich. 409. 1 N. W. 1048; Forbes v. Hariington, 171 Mass. 3845, 50 N. E. 641; A1,. peni of l\Iathews, 12 Conn. 555, 45 Ati. I70.

—Act of settlement. The statute ii‘. & 13 Wni. ill. :2. 2, by which the crown of England was iimiteii to the house of Ilzinovcr, and some ncii proii ous were added at the same time for the beltrr securing the religion, laws, and liber- lies.—Deed of settlement. A dead made for the purpose of settling property, 6. 2., arranging the 'l1lO(iE and extent of the enjoyment thereof. Tlhe party who settles property is called the “sol.- tlnr; and usually his wife and children or his rrulitors or his near relations are the beneficiaries taking interests under the settlement I5rown.—Eqiiity of settlement. The equitable right of a wife, when her husband sues in equity for the reduction of her equitable estate to his own possession. to have the whole or 3. portion of such cstsle settled upon herself and her children. Also a similar right now recognized by the equity courts as diroctiy to be assorted against the husband. Also called the "wife's eqnity."—I‘inal settlement. This

1080

SEVERA LTY

term, as applied to the administration of an estate, is usually understood to have reference to the order of court approving the account which closles cilhelgusiuess of the estate, and which ii- imiy isc rges the executor or administrator from the duties of his trust. Roberts v. Spocner, 112 Ind. 87. 13 N. E. 129; Sims v. Waters. 65 Aln -1-i{.i.—Sti-ict settlement. This phrase was foinieriy used to denote a settlement when.- by land was limited to a parent for life, and after his death to his first and other suns or children in _tziii, with trustees interposed to Pre‘sP:9"i«%,eiCOlJ'iIlll;IBn: l'EiJ|HiE|€Ei‘S. Stlepi]A.CDI2|:.lD1.

‘L, ‘7.— ounarysetemen. satement «:5 property iipfrn a wifeh or other blL’)l]1eiiCii:- 13'. me e gratuitous or wi out valua e consideration. y

SETTLJ-JR. A person who, for the purpose of acquiring a preemption right, has gone upon the land in question, and is actu- ally resident there. See liume v. Giacy, 80 Tex. 671, 27 S. W. 58-}; Davis v. Young. 2 Dana (Ky.) 299; McIntyre v. Sherwood, 82 Cal. 139, 22 Pac. 937.

SETTLOR. The g'i'ant.or or donor hi I deed of settlement.

SEVER. To separate. When two joint defendants separate in the action, each pleading sepaiately his own plea and relying upon a separate defense, they are said to sever.

SEVERABLE. Admitting of severance or separation, capable of being divided; ca- pable of being severed from other things to which it was joined, and yet maintaining I complete and independent existence.

SEVERAL. Sepaiate; individual; lnde~ pendent. In this sense the word is distin- guished from "joint." Also exclusive; indi- vidual; appropriated. In this sense it is upposed to "common."

—Sevei-al notions. Where a separate and distinct flLlll.'Lvis brought against each of two or more pu1$0lJS who are all iinhle to the plaintiff in respect to the same subject-niatter, the actious are said to be "seveiai." if all the persons are joined as delendziiits in one and the some action, it is called a 'joi,ut" actiou.—Sevex-al inheritance. An inheritance conveyed so as to descend to two persons severally, by moieties. etc.—Sevsral issues. This occurs where there is more than one issue involved in ii case. .5 Steph. Comm. 560.

As to several "Counts,” "Covenant," "Demise," "Fishery," “Tail," and " nancy,"

' see those titles.

SEVERALTY. A state of separation. An estate in scvmultu is one that is held by a person in his own right ouiy, without any other person being joined or connected with him. in point or interest, during his estate therein. 2 Bl. Comm. 179.

The term "severaity" is especially applied, in Emzland. to the ease of adjoining meadows undivided from each other, but beiongiug, slther permanently or in what are called “shifting severaltic " to separate owners, and heid in severalty until the crops have

been carried, when the whole is thrown open