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Home » Law Dictionary » C » CESSER

CESSER

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

Neglect; a ceasing from, or omission to do, a thing. 3 Bl. Comm. 232. The determination of an estate. 1 Coke, 84; 4 Kent, Comm. 33, 90, 105, 295. The “cesser” of a term, annuity, or the like, takes place when it determines or comes to an end. The expression is chieflv used (in England) with reference to long terms of a thousand years or some similar period, created by a settlement for the purpose of securing the income, portions, etc., given to the objects of the settlement. When the trusts of a term of this kind are satisfied, it is desirable that the tprm should be put an end to, and with this object it was formerly usual to provide in the settlement itself that, as soon as the trusts of the term had been satisfied, it should cease and determine. This was called a “proviso for cesser.” Sweet. Cesser, proviso for. Where terms for years are raised by settlement, it is usual to introduce a proviso that they shall cease when the trusts end. This proviso generally expresses three events: (1) The trusts never arising; (2) their becoming unnecessary or incapable of taking effect; (3) the performance of them. Sued. Vend. (14th Ed.) 621 623.

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