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TAKING AGAINST THE WILL

TAKING AGAINST THE WILL

by Law Professor

State law procedure providing a right to a surviving spouse to demand a certain statutory share (usually 1/3 to 1/2) of the estate of the deceased spouse. If the surviving spouse decides to take the statutory share as opposed to the property left in the will (usually because the statutory share is larger), it is called taking against the will. This is also known as dower and … [Read more...] about TAKING AGAINST THE WILL

TAKING

by Law Professor

(A) See eminent domain. (B) crim. torts. The act of laying hold upon an article, with or without removing the same; a felonious taking is not sufficient without a carrying away, to constitute the crime of larceny. And when the taking has been legal, no subsequent act will make it a crime. 2. The taking is either actual or constructive. The former is when the thief takes, … [Read more...] about TAKING

TAKER

by Law Professor

One who takes or acquires; particularly, one who takes an estate by devise. When an estate is granted subject to a remainder or executory devise, the devisee of the immediate Interest is called the "first taker." … [Read more...] about TAKER

TAKEOVER

by Law Professor

To acquire and assume control over another company and its management. … [Read more...] about TAKEOVER

TAKE THE FIFTH

by Law Professor

Common phrase uttered to refer to a person's right to refuse to testify on the grounds that doing so might incriminate the person in a crime. The Fifth Amendment to the Constitution provides that no person shall be compelled to be a witness against himself. … [Read more...] about TAKE THE FIFTH

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