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A will that places property into a trust when the maker of the will dies. Property left through the will must pass through probate before entering the trust. … [Read more...] about POUR-OVER WILL

A clause sometimes inserted in mortgages and deeds of trust giving the mortgagee (or trustee) the right and power, on default in the payment of the debt secured, to advertise and sell the mortgaged property at public auction (but without resorting to a court for authority), satisfy the creditor out of the net proceeds, convey by deed to the purchaser, return the surplus, if … [Read more...] about POWER OF SALE

Fr. In French law. The preliminary negotiations or bargainings which lead to a contract between the parties. As in English law, these form no part of the contract when completed. The term is also used In this sense in international law and the practice of diplomacy. … [Read more...] about POURPARLER

Those incident to primary powers, given by a principal to his agent. For example, the general authority given to collect, receive and pay debts due by or to the principal is a primary power. In order to accomplish this it is frequently required to settle accounts, adjust disputed claims, resist those which are unjust, and answer and defend suits; these subordinate powers are … [Read more...] about POWERS MEDIATE

To make pourparty is to divide and sever the lands that fall to parceners, which, before partition,' they held jointly and pro indiviso. Cowell. … [Read more...] about POURPARTY