Page:Black's Law Dictionary (Second Edition).djvu/373

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


of them by will that thereby no estate vests at the death of the devisur, but only on soi;a_e future contingency. it differs from a rei_.ni1i.uder in three very material points: (1) That it needs not any particular (state to support it; (2) that by it A fee-simple in other less estate may be limited after a fee-simple; (3) that by this means a remainder may be limited of a chattel interest, after a particuhr estate for life created in the same. 2 Bl. Comm. 172. In ii stricter sense, a limitation by will of a future contingent interest in lands. contrary to the rules of the roiiinion law. 4 Kent, Comm. 263‘ 1 Steph. Comm. 5 4. A liiuitati-in liy_mil o

a future estate or interest in hind, which cannot. consistently nith the rules of law, take effeet as a remainder. 2 Pow. Dev. (by Jaruian,) 237. See Poor v. Coiisidine, 8 Wall. 47-1. 18 1.. Ed. 869; Bristol v. Atwater. 50 Conn. -mu; l\l-anguui v. P 18 C. . 5: Civ. Code Ga. i895. § 33 9; Thompson v. Hoop, 6 Ohio "; Iiurleigh v. Clough. 5'.’ N. ll. 273, 13 Ana. lien. 23; In re Brow s Estate. 38 Pa. ‘:91: Glover v. Condcii. 103 ii]. 551}, -15 N. E. 17:), 35 L R. A. 31.10. Lapsed devise. A devise winch fails, or takes no eiIcct. in consequence of the death of the devisee before the tcstator; the suhject-matter of it beiu considered as not disposed of ivy the will. 1 Qteph. (‘ouiui. 559: 4 Kent, Comm. 541. \lurphy v. Mclieon. 53 N. 1. Eu. 406. 3'.’ At]. 37-1. Rrsidnaru devise. A devise of all th residue of the tesLator’s real property. that is, all that remains over and above the other devises.

DEVISEE. The person to whom lands or other real property are devised or given by will. 1 Pow. Dev. (2. 7.

—ResidIiary devisee. The person named in

s will. “ho is to take all the real property re maining over and above the other devises.

DEVISOR. A giver of lands or real estate by will; the maker of a will of lands; a testator.

D]-IVOIR. Fr. DuLV. It is used in the statute of 2 Rich. II. c. 3, in the sense of duties or customs.

DEVOLUTION. The transfer or transition from one person to another of a right, liilhiiity, title, estate, or office. Fl‘flll(‘i5!LD v. Aguirre. 94 Cal ISO. 29 Pac. 495; Owen v. insurance 00., 56 Ilun, 455, 10 N. Y. Supp. 75.

In ecclesiastical law. The forfeiture of a right or you er (as the right of presentation to 51 living) in (-niisequeiice of its iiun-user by the person holding it, or of some other set or omission on his part, and its resulting transfer to the person next entitled.

Iii Snatch law. The transference of the right of purchase, from the highest bidder at an auction sale, to the next higliest, when the former fails to pay his bid or turnish se- Curity for its p:i_\ nient within the time uppoluteti. -‘Also, the reference of a matter in cuiitroversy to :1 third person (called “overs- ninn") by two arbitrators to whom it has been subiiiitted and who are uii.ible to agree.

DEVOLUTIVE APPEAL. in the law of Louisiana, one nhich does not suspend the



execution of the judgment appealed from. State v. Allen, 51 La. Ann. 1842, 26 South. 4734.

D1-IVOLVE. 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, right, office, liability. The term is said to be peculiarly appi-opi-late to the passing of an estate from a person dying to a person living. Parr v. Parr, 1 .\lyine S: K. (548; Bsbcock v. Maxwell, 29 Mont. 31, 74 Pac. 64. See Dnvonnrron.

D1-IVY. L. li‘r. Dies; deceases. Bend- ioe, 5. DEXTANS. Lat In Roman law. A di-

vision of the as, consisting of ten um,-ia:; ten-tvrelfths, or five-sixtlis. 2 Bl. Comm. 462, note 11:.

DEXTRARIUS. One at the right hand of another.

DEXTRAS DARE. To shake hands in token of friendship; or to give up oneself to the power of another person.

DI COLONNA. In maritime law. The contract which takes place between the owner of a ship, the captain, and the niariuers, who agree that the voyage shall be for the benetit of all. The term is used in the italian law. Enierig. Mar. Loans, § 5.

D1. E1‘ E1. L. Let. in old writs. An abbreviation of dilcctu et fldeli‘, (to his he- loved and faithful.)

DIACONATE. The oiiicc of a deacon.

DIACONUS. A deacon

DIAGNOSIS. A medual term, meaning the |llSCOL(2l'y of the source of a p.itleiit's ill- ness or the determination of the nature of his disease from a study of its syinptuins. Said to be little more than a guess enlightened by experience. Swan v. Railroad Co., Ti) Him, 612. 29 N. Y. Supp. 337.

DIAL]-ICTICS. That branch of logic which teaches the rules and Luoiies of rea- 30l|lDg.

DIALLAGE.}} A rhetofl('a.l figure in which argunients are placed in various points of view, and then turned to one point. Enc. Land.

DIALOGUE DE SCACCARIO. Dia- logue of or about the exchcqut-r. An ancient treatise on the court of cxciiequer, attributed by some to Gervase of Tilhury, by others to Richard Fitz Nigel, bishop of London in the reign of ltlchirrd I. It is quoted by Lord Coke under the name of Ocltham. Crabb,

Eng. Law. 71.