Page:Black's Law Dictionary (Second Edition).djvu/660

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tilt, or demanding something adversely to both of them. hogan v. Greenlaw (C. C.) 12 Fed. 16; Fischer v. Hanna, 8 Colo. App. 471, 47 Pac. 303; Gale v. Frazier, 4 Dak. 196. 30 N. W. 138; Reay v. Butler (Cn1.) 7 Pac. 671.

INTESTABILIS. competent to testify.

Lot. A witness in- Calvin.

INTESTABLE. One who has not testa- mentary capacity; 2. 11., an in.i'ant, lunatic, or person cinllly dead.

INT]-ISTAGY. The state or condition or dying without having made a valid will. Brown v. Mugway, 15 N. J. Law. 331.

INTESTATE. Without making I1 wili. A person is said to die intestate when he dies without making a will, or dies Without leaving anything to testify what his wishes were with respect to the disposal of his property after his death. The word is also often used to signify the person himself. Thus. in speaking of the property of a person who died intestate, it is common to say “the intestate's property ;" I‘. 3., the prupeity of the person dying in an intestate condition. Brown. See In re Cameron‘s Estate, 47 App. Div. 120, 62 N. Y. Supp. 167; Messuiann v. Egenberger, 46 App. Div. 46. 61 N. Y. Supp. 550; Code Civ. Proc. N. Y. 1889, § 251-1, subd. 1.

Besides the strict meaning of the word as

above given, there is also a sense in which intestacy may be partial; that is, where a man leaves a will which does not dispose of his whole estete, he is said to “die intestate" as to the property so omitted. —Intesta.te succession. A succession is call- ed ‘intestate’ “hen the deceased has lcfr no will, or when his will has been revoked or annulled as irregular. Therefore the heirs to whom a succession has fallen by the effects of law only are called "heirs ab intestate." Civ. Code La. art. i096.

INT]-JSTATO. Lat. 1uthecivl.l law, Intestate; without a will. Calvin.

INTESTATUS. Lat. In the civil and old English law. An intestate: one who (lies without I1 will. Dig, 50, 17, 7.

Intestatns decedit, qni ant omnino testamentum nun fecit; nut non jute fecit; ant id quad fecerat ruptlun irritnmve factum est; ant nemo ex ea luex-es exstitit. A person dies intestate who either has made no testament at all or has made one not legally valid; or ii‘ the testament he has made be revoked, or made useless; or it‘ no one becomes heir under it. Inst. 3, 1, pl‘.

INTl'M.ATION. In the civil law. A notification to a party that some step in a legal proceeding is asked or will be taken. Particularly, a notice given by the party



taking an appeal, to the other party, that the court above will hear the appeal

In Scotch law. A formal written notice, drawn by a notary, to be served on a party against whom a stranger has acquired a right or claim; r. g., the sssignee or a Gem must serve such a notice on the ulebtor. otherwise a payment to the original Cl editor will be good.

INTIMIDATION. In English law. Every person commits a misdemeanor, punish- able with a fine or iinprisoiiineut, who wrnn v ful.iy uses violence to or intimiilatcs any o:.‘.ei person, or his wife or children, with a view to compel him to abstain from doing, 01 to do, any act which he has a legal right in do, or abstain from doing. (St. 38 6: 39 Viu.

c. 86. 5 7.) This enactment is chiefly di- rected against outrages by tiIdes~nnions. Sweet. There are similar stntutcs in many

of the United States. See Payne v. Rall- road 0)., 13 Lea (Tenn.) 614, 49 Am. Rep. 666; Emhry v. 0om., 79 Ky. 441.

—Intimidn.tiun of voters. This, by statute in several of the states, is made a criminal oitense. Under an early Pennsylvania act, it was held that, to constitute the ol?'cnse of intimidation of voters, there must he a preconceived intention for the purpose of intiniidating the otliccrs or interrupting the election. Itespublica V. Gibbs, 3 Yeates (['a.) 429.

INTITLE. 6 Mod. 304.

An old form of "entitle."

INTOL AND UTTOL. In old records. Toll or custom paid for things imported and exported, or bought in and sold out Cowell.

INTOXICATION. The state of being poisoned; the condition produced by the ad- niiliistrzition or introduction into the human system of a poison. But in its popular usithis term is restricted to oleohohz: intoxication, that is, drunkenness or inebriety, or the mental and physical condition induced by drinking excessive quantities of alcoholic liq- uors, und this is its meaning as used in statutcs, indictments, etc. See Siliip v. St.-iie, 116 Gu. 1S2, 42 S. E. 410; Si’ ile v. Pierce, (‘-5 Iowa, 65, 21 N. W. 195; Wadsworth v. Dunnam, 98 Ala. 610, 13 South. 59.‘): Ring v, lting, 112 Go. 65-1, 38 S. E}. .530; State v. Kelley, 47 Vt. 290; Com. v. Whitney. 11 Cush. (i\iuss.) 477.

INTOXIGATING LIQUOR. Any liquor used as a beverage, and which, when so used in sufficient quantities, ordinarily or coin- inonly produces entire or partial lntoxlLatioii: any liquor intended for use as a inevernge or Capable of being so used, which contains alcohol, either obtained by fermentation or by the additional process of distillation, in such proportion that it will pro-

duce intoxlcation vihen inihllicd in such quantities as may practically be drunk. Intox-