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Sunday, June 23, 2013

Meaning of INTESTATE:

INTESTATE. One who, having lawful power to make a will, has made none,
or one which is defective in form. In that case, he is said to die
intestate, and his estate descends to his heir at law. See Testate.
2. This term comes from the Latin intestatus. Formerly, it was
used in France indiscriminately with de confess; that is, without
confession. It was regarded as a crime, on account of the omission of
the deceased person to give something to the church, and was punished by
privation of burial in consecrated ground. This omission, according to
Fournel, Hist. des Avocats, vol. 1, p. 116, could be repaired by making
an ampliative testament in the name of the deceased. See Vely, tom. 6,
page 145; Henrion De Pansey, Authorite Judiciare, 129 and note. Also, 3
Mod. Rep. 59, 60, for the Law of Intestacy in England.

A Law Dictionary, Adapted to the Constitution and Laws of the United
States. By John Bouvier. Published 1856.

Monday, June 3, 2013

TRANSFER OF PROPERTY ACT,1882 - Part IV

16. Transfer to take effect on failure of prior interest
Where, by reason of any of the rules contained in sections 13 and 14, an interest created for the benefit of a person or of a class of persons fails in regard to such person or the whole of such class, any interest created in the same transaction and intended to take effect after or upon failure of such prior interest also fails.

17. Direction for accumulation
(1) Where the terms of a transfer of property direct that the income arising from the property shall be accumulated either wholly or in part during a period longer than-

(a) the life of the transferor, or

(b) a period of eighteen years from the date of transfer,

such direction shall, save as hereinafter provided, be void to the extent to which the period during which the accumulation is directed exceeds the longer of the aforesaid periods, and at the end of such last-mentioned period the property and the income thereof shall be disposed of as if the period during which the accumulation has been directed to be made had elapsed.

(2) This section shall not affect any direction for accumulation for the purpose of-

(i) the payment of the debts of the transferor or any other person taking any interest under the transferor; or

(ii) the provision of portions for children or remoter issue of the transferor or of any other person taking any interest under the transfer; or

(iii) the preservation or maintenance of the property transferred,

and such direction may be made accordingly.

18. Transfer in perpetuity for benefit of public
The restrictions in sections 14, 16 and 17 shall not apply in the case of a transfer of property for the benefit of the public in the advancement of religion, knowledge, commerce, health, safety or any other object beneficial to mankind.

19. Vested interest
Where, on a transfer of property, an interest therein is created in favour of a person without specifying the time when it is to take effect, or in terms specifying that it is to take effect forthwith or on the happening of an event which must happen, such interest is vested, unless a contrary intention appears from the terms of the transfer.

A vested interest is not defeated by the death of the transferee before he obtains possession.

Explanation : An intention that an interest shall not be vested is not to be inferred merely from a provision whereby the enjoyment thereof is postponed, or whereby a prior interest in the same property is given or reserved to some other person, or whereby income arising from the property is directed to be accumulated until the time of enjoyment arrives, or from a provision that if a particular event shall happen the interest shall pass to another person.

20. When unborn person acquires vested interest on transfer for his benefit
Where, on a transfer of property, an interest therein is created for the benefit of a person not then living, he acquires upon his birth, unless a contrary intention appears from the terms of the transfer, a vested interest, although he may not be entitled to the enjoyment thereof immediately on his birth.