substitution by will

substitution by will
The effect of a clause in a will whereby the testator provides for the replacement of the beneficiary of a particular bequest by another person, or the replacement of a bequest to a designated beneficiary by another bequest to or in favor of the same beneficiary, under circumstances set forth in the clause. 57 Am J1st Wills § 1181. A gift over, that is, a gift to a charity to take effect in the event a designated gift does not take effect. Re Harrington's Estate, 151 Neb 81, 36 NW2d 577. A gift by later will or codicil in substitution for a gift made to the same beneficiary by the original will. Anno: 37 ALR2d 17, 48. A testamentary gift is substitutional where the testator provides that someone shall take it in event of the death of the original beneficiary before the period of distribution. One taking by substitution can take only under the terms of the will, subject to the same conditions as are attached to the gift. Re Waring, 293 NY 186, 56 NE2d 543, 157 ALR 1101.

Ballentine's law dictionary. . 1998.

Игры ⚽ Поможем написать реферат

Look at other dictionaries:

  • substitution clause in will — See substitution by will …   Ballentine's law dictionary

  • substitution — Putting one person or one thing in the place of another. Subrogation. As the term is used in the law of wills, to create a substitution is to bequeath property to one or more persons, to be succeeded in the enjoyment thereof by others designated… …   Ballentine's law dictionary

  • Substitution bias — describes a bias in economics index numbers arising from tendency to purchase inexpensive alternatives for expensive items when prices change.Substitution bias occurs when two or more items experience a change of price relative to each other.… …   Wikipedia

  • Substitution — Sub sti*tu tion, n. [L. substitutio: cf. F. substitution.] 1. The act of substituting or putting one person or thing in the place of another; as, the substitution of an agent, attorney, or representative to act for one in his absense; the… …   The Collaborative International Dictionary of English

  • Substitution failure is not an error — (SFINAE) refers to a situation in C++ where an invalid substitution of template parameters is not in itself an error. The acronym SFINAE was first introduced by David Vandevoorde to describe related programming techniques. [cite book |… …   Wikipedia

  • substitution of attorney — A document in which a party to a lawsuit states that his or her attorney is being replaced by another attorney or by the party acting in propria persona. (See also: substitution) Category: Small Claims Court & Lawsuits Nolo’s Plain English Law… …   Law dictionary

  • Substitution — Substitution, lat. deutsch Stellvertretung; namentlich im Erbrecht letztwillige (Testament oder Erbvertrag) Einsetzung eines 2., 3. u.s.w. Erben, für den Fall, daß der Erstbedachte nicht Erbe sein will oder vorher stirbt (substitutio vulgaris);… …   Herders Conversations-Lexikon

  • Substitution matrix — In evolutionary biology, a substitution matrix describes the rate at which one character in a sequence changes to other character states over time. Substitution matrices are usually seen in the context of amino acid or DNA sequence alignments,… …   Wikipedia

  • Substitution cipher — In cryptography, a substitution cipher is a method of encryption by which units of plaintext are replaced with ciphertext according to a regular system; the units may be single letters (the most common), pairs of letters, triplets of letters,… …   Wikipedia

  • Substitution (law) — In legal terms, the Right of Substitution is a statutory right of all parties except the State. It is the right to change the presiding court official with or without cause.Judges are usually given cases randomly within a jurisdiction (unless… …   Wikipedia

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”