Page:Black's Law Dictionary (Second Edition).djvu/42

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ADEMPTION

ADEMPTION. The revocation, recalling, or canceilation of a legacy, according to the apparent intention of the testator, inipiied by the law from acts done by him in his life, though such acts do not amount to an express revocation of IL Kenaday v. Sinnott, 179 II. S. (506. 21 Slip. Ct. 233. 45 L. Ed. 339; Burnliam v. Comfort, 108 N. Y. 535. 15 N. E. 710. 2 Am. St. Rep. 462-. Tanton v. Keller. 167 Iii. 129. 47 N. E. 376; Cowles v. Cowles. 56 Conn. 2-10, 13 Atl. 414.

“The vrord ‘ademption‘ ls the most significant, because. being a term of art, and never used for any other purpose, it does not suggest any idea foreign to that intended to be conveyed. It is used to describe the act by which the testator pays to his legatee. in his life-time, a general legacy which by his will he had proposed to give him at his death. (1 Rep. Leg. p. 365.) lt is also used to denote the act by which a specific legacy has become inoperative on account of the testator having parted with the subject." Lélnizdon v. Astor. 16 N. Y. 40. _

Adernption, in strictness, is predicable only of specific, and solisfnclion of generai legacies. Beck 1'. i\IcGilhs. 9 Barb. (N. Y) 35. 56; Lang- don v. Astor, 3 Duer (N. Y.) 477. 541.

ADEO. Lat. So, as. tcyre, as fully and entirely.

ADEQUATE. equally eificient.

—Adequate our-e. Such wire as ll. man of ordinary prudence wouitl himseif mike under simi- lar circumstances to avoid accident: care pro- portionate to the risk to be incurred. \\‘ai1ace V. Wiimington & N. It. 0).. S Houst. (Dei ”9. ‘ls Ati. 81S.—Adequate cause. In cr nai law. Adequate cause for the passion whilgh reduces a homicide committed nniler its in- fiuence from the grade of murder to manslaugh- ter. means such cause as woiiid commonly pro- duce a degree of anger, 1-ii;-:e. resentment, or terror, in a person of ordinary temper. sulficient to render the mind incapable of cool reflectinn. Insulting words or gestures, or an assault and battery so siight as to show no intention to infiict pain or injury, or an injury to property unaccompanied by vioience are not adequate causes. Gardner tale. -10 Tex. Cr. R. 19. 48 S. W iims v. Suite. 7 Tex. App. 396;

Ade-o plane et in- 10 Coke. 65.

Suificient; proportionate ;

. 170'. W

Boyett v. State. 2 Tex. App. 1(l0.—Adeq_na.te compensation (to he awarded to one wliuse prupei'l_v is taken for public use under the power of eminent domain) means

the fuii and just vaiue of the property. payahie in men Iiulfalo. etc.. R. (‘o. v. Ferris. 26 Tl'X —A¢leqnn.1:e consideration. One

which is equal, or reasonably proportioned. to the vaiue of that for which it is given. 1 Stoiy, Eq. Jnr. §§ 244-247. An adcqimte consideration is one which is not so disproportionate as to shock our sense of that moraiitr and fair deai- in); which shoiiid aiways characterize transactions between man and man. Eaton v. Patterson. 2 Stew. 3: P. Ulla.) 9, 19.—Adeqnsito remedy. One vested in the coinpiainant. to “hich iie may at ail times resort at his own option. fully and freely, without let or hindrance. Wiiecler \'. Redford. 54 Conn. 24-1. 7 Atl.

A l‘0lIiC(lV which is plain and coinpiete and as practical and cflicient to _the ends of justice and its pininpt administration as the remedy ln equity. lit-plinger v. Wooisey. 4 Nch. (Un- of.) 282. 93 N. W. 1008.

AD]-JSSE. In the civil law. To be present; the opposlte of izbcssc. Calvin.

ADFERRIIIVIINATIO.}} In the civil law. The welding together of iron; a species of

34 ADJACENT izdjmicllo, (q. 1:.) Called also ferrumtmztio. Mackeld. Rom. Law, § 276: i‘Dig. 6, 1, 23, 5‘

ADI-IERENCE. In Scotch law. The name of a form of action by which the mutual obligation of marriage may be enforced by elther party. Bell. It corresponds to the English action for the restitution of conjugal rights.

ADI-IERING. Joining, leagued with, cleaving to; a “adhering to the enemies or the United States.“

Rebels. being citizens are not “enemics." within the meaning of the constitution: hence a conviction for treason, in promoting a re- heiiion. cannot be sustained under that hranch of the constitutionai definition which speaks of "adhering to their enemies, giving them aid and comfort." United States v. Greiithouse, 2 Abh. (U. S.) 364, Fed. Cas. No. 15.254.

AJJHIBERE. In the civil law. To appiy; to employ; to exercise; to use. Adm‘.- borc diligciitmm, to use care. AlUl'i'l(:ffl ‘aim. to employ force.

ADIATION. A term used in the laws of Holland for the appiication of property by an executor. Wharton.

ADLEII. L. Fr. Without day. A com- mon term in the Year B0fll\S, implying final dismissal from court.

AJJIPOCERE. A waxy substance (chemically margarate of ammonium or ammonia- cal soap) formed by the decomposition of animal matter protected from the air but subjected to moisture; in medicai Jurispru- dence, the substance into which a human cadaver is com erted which has been buricd for a long time in a saturated soil or has lain long in ivator.

ADIRATUS. Lost; strayed; a price or value set upon things stolen or lost, as a recompense to the owner. Cowell.

ADIT. In mining law. A lateral entrance or passage into 11 mine; the opening by which a mine is entered, or by which water and ores are carried away: a horizontai excavation in and along a lode Electro- Magnetic M. S: D. Co. v. Van Auken. 9 Colo. 204. 11 Pac. 80; Gray v. Truby, 6 C010. 278.

AJJITIJS. An approach;

ll Way; i1 pub-

lic way. Co. Lltt 5641.. ADJACENT. Lying near or close to; contiguous. The difference iietween lldjflr

cent and adjoining seems to lie that the former implies that the two objects are not wideiy separated. though they may not actually touch, while adjoining imports that they are so Joined or united to each other that no thiid object intervenes. People v. Keechlcr, 194 ll]. 2353. 62 N. E. 525: lliiiifen v. Ar iitage (C. C.) 117 Fed. 845: McI)on'ild

v. Wiison, 59 Int]. 54; Worn1iey v Wiigl.il.'