Scotch law. Where an estate is settled on a long series of heirs, substituted one after another, in tailzie, the person first called in the tailzies, is the institute; the rest, the heirs of tailzie; or the substitutes. … [Read more...]
SUBSTITUTIO HAEREDIS
Latin: In Roman law, It was competent for a testator after instituting a hares (called the "hatres institutus") to substitute auother (called the "haeres substitutus") in his place in a certain event. If the event upon which the substitution was to take effect was the refusal of the instituted heir to accept the inheritance at all, then the substitution was called "vulgaris." … [Read more...]
SUBSTITUTION
(A) civil law. In the law of devises, it is the putting of one person in the place of another, so that he may, in default of ability in the former, or after him, have the benefit of a devise or legacy. 2. It is a species of subrogation made in two different ways; the first is direct substitution, and the latter a trust or fidei commissary substitution. The first or direct … [Read more...]
SUBSTITUTION OF ATTORNEY
A document (or filing with the court) which states that a current attorney representing a client is being replaced with another attorney. … [Read more...]
SUBSTITUTIONAL, SUBSTITUTIONARY
Where a will contains a gift of property to. a class of persons, with a clause providing that on the death of a member of the class before the period of distribution his share is to go to his issue, (if any,) so as to substitute them for him, the gift to the issue is said to be substitutional or substitutionary: A bequest to such of the children of A. as shall be living at the … [Read more...]