KFLCC Kingdom Law 2nd Ed.

1027

RESIDUARY

RESORT

trator, after paying the debts and particular leg acies of the deceased, and before paying over the residuum, must pass before the board of in land revenue. Mozley & Whitley.—Residuary clause. The clause in a will by which that part of the property is disposed of which re mains after satisfying previous, bequests and de vises.—Residuary devise and devisee. See DEVISE.—Residuary estate. The remaining part of a testator's estate and effects, after pay ment of debts and legacies; or that portion of his estate which has not been particularly de vised or bequeathed. See Wetmore v. St. Luke's Hospital, 56 Hun, 313, 9 N. Y. Supp. 753.—Re siduary legacy. See LEGACY. 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 ef fects means what is left after all liabilities are discharged, and all the purposes of the testa tor, specifically expressed in his will, are car ried into effect. Giaves v. Howard, 56 N. C 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. See Parsons v. Colgate (a C.) 15 Fed. 603; Robinson v. Mil lard, 133 Mass. 239; United States Trust Co. v. Black, 9 Misc. Rep. 653, 30 N. Y. Supp. 453. 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 en gagement in writing taken by a patron from the clergyman presented by him to a living, to re sign the benefice at a future period. This is allowable in certain cases under St. 9 Geo. IV. c. 94, passed in 1828. 2 Steph. Comm. 721. RESIGNEE. One in favor of whom a resignation is made. 1 Bell, Comm. 125n. RESHiIRE. Lat In old English law. To draw back from a contract before it is made binding. Bract fol. 38. RESIST. To oppose. This word proper ly describes an opposition by direct action and quasi forcible means. State v. Welch, 37 Wis. 196.

RESISTANCE. The act of resisting op position; the employment of forcible means to prevent the execution of an endeavor in which force is employed. See U. S. v. Jose (C. C.) 63 Fed. 954; U. S. v. Huff (C. C.) 13 Fed. 639. RESISTING AN OFFICER. In criminal law, the offense of obstructing, opposing, and endeavoring to prevent (with or without ac tual force) a peace officer in the execution of a writ or in the lawful discharge of his duty while making an arrest or otherwise en forcing the peace. See Davis v. State, 76 Ga. 722; Woodworth v. State, 26 Ohio St 200; Jones v. State, 60 Ala. 99. RESOLUCION. In Spanish colonial law. An opinion tormed by some superior au thority on matters referred to its decision, and forwarded to inferior authorities for their instruction and government. Schm. Civil Law, 93, note 1. RESOLUTION. The determination or de cision, in regard to its opinion or intention, of a deliberative or legislative body, public assembly, town council, board of directors or the like. Also a motion or formal prop osition offered for adoption by such a body. In legislative practice. The term is usually employed to denote the adoption of a motion, the subject-matter of which would not properly constitute a statute; such as a mere expression of opinion; an alteration of the rules; a vote of thanks or of censure, etc. See City of Cape Girardeau v. Fougeu, 30 Mo. App. 556; McDowell v. People, 204 111. 499, 68 N. E. 379. In practice. The judgment of a court 5 Mod. 438; 10 Mod. 209. In the civil law. The cancellation or an nulling, by the act of parties or judgment of a court of an existing contract which was valid and binding, in consequence of some cause or matter arising after the making of the agreement, and not in consequence of any inherent vice or defect, which, invali dating the contract from the beginning, would be ground for rescission. 7 Toullier, no. 551. RESOLUTIVE. In Scotch conveyancing. Having the quality or effect of resolving or extinguishing a right Bell. Resoluto jure concedentis resolvitur jus concessum. The right of the grantor being extinguished, the right granted is ex* tinguished. Mackeld. Rom. Law, 179; Broom, Max. 467.

RESOLUTORY CONDITION. See CON DITION.

RESORT, v. To go back. "It resorted to the line of the mother." Hale, Com. Law, a l l .