Blacks Law Dict. 1st ed

RESIDENCE

1032

DESIGNATION BOND

be called over by the steward on holding courts leet. RESIDENCE. Living or dwelling in a certain place permanently or for a consider able length of time. The place where a man makes his home, or where he dwells perma nently or for an extended period of time. The difference between a residence and a domi cile may not be capable of easy definition; but every one can see at least this distinction: A per son domiciled in one state may, for temporary reasons, such as health, reside for one or more years in some other place deemed more favorable. He does not, by so doing, forfeit his domicile in the first state, or, in any proper sense, become a non-resident of it, unless some intention, manifest ed by some act, of abandoning his residence in the first state is shown. 1 Mo. App. 404. "Residence "means a fixed and permanent abode or dwelling-place for the time being, as contradis tinguished from a mere temporary locality of ex istence. So does "inhabitancy;" and the two are distinguishable in this respect from "domicile." 8 Wend. 134. As they are used in the New York Code of Procedure, the terms "residence" and "resident" mean legal residence; and legal residence is the place of a man's fixed habitation, where his polit ical rights are to be exercised, and where he is lia ble to taxation. 16 How. Pr. 77. RESIDENT. One who has his residence in a place. "Resident" and "inhabitant" are distinguish able in meaning. The word "inhabitant" implies a more fixed and permanent abode than does "resi dent;" and a resident may not be entitled to ail the privileges or subject to all the duties of an in habitant. 19 Wend. 11. Also a tenant, who was obliged to reside on his lord's land, and not to depart from the same; called, also, " hom,me levant et couch ant," and in Normandy, "resseant dufief." RESIDENT FREEHOLDER. In the "Wisconsin highway laws, a person who re sides in the town in question, and owns a freehold interest in lands situate therein. 29 Wis. 419. RESIDENT MINISTER. In interna tional law. A public minister who resides at a foreign court. Resident ministers are ranked in the third class of public ministers. Wheat. Int. Law, 264, 267. RESIDUAL. Relating to the residue; relating to the part remaining. RESIDUARY. Pertaining to the resi due; constituting the residue; giving or be queathing the residue; receiving or entitled to the residue. RESIDUARY ACCOUNT. In English practice. The account which every executor

and administrator, after paying the debts ac<} particular legacies of the deceased, and be fore paying over the residuum, must pass be fore the board of inland revenue. Mozley & Whitley. RESIDUARY CLAUSE. The clause in a will by which that part of the property is disposed of which remains after satisfying previous bequests and devises. RESIDUARY DEVISEE. The person named in a will, who is to take all the real property remaining over and above the other devises. RESIDUARY ESTATE. The remain ing part of a testator's estate and effects, after payment of debts and legacies; or that portion of his estate which has not been par ticularly devised or bequeathed. RESIDUARY LEGATEE. The person to whom a testator bequeaths the residue of his personal estate, after the payment of such other legacies as are specifically mentioned in the will. Toller, 269. RESIDUE. The surplus of a testator's estate remaining after all the debts and par ticular legacies have been discharged. 2 Bl. Comm. 514. The "residue" of a testator's estate and effects means what is left after all liabilities are dis charged, and all the purposes of the testator, specifically expressed in his will, are carried into effect. 3 Jones, Eq. 302. RESIDUUM. That which remains after any process of separation or deduction; a residue or balance. That which remains of a decedent's estate, after debts have been paid and legacies deducted. Resignatio est juris proprii spontanea refutatio. Resignation is a spontaneous re linquishment of one's own right. Godb. 284. RESIGNATION. The act by which an officer renounces the further exercise of his office and returns the same into the hands of those from whom he received it. In ecclesiastical law. Resignation is where a parson, vicar, or other beneficed clergyman voluntarily gives up and surren ders his charge and preferment to those from whom he received the same. It is usually done by an instrument attested by a notary. Phillim. Ecc. Law, 517. In Scotch law. The return of a fee into the hands of the superior. Bell. RESIGNATION BOND. A bond or other engagement in writing taken by a

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