KFLCC Kingdom Law 2nd Ed.

1080

SETTLE

SEVERALTY

agreeing with his minutes and his recollection. See Railroad Co. v. Cone, 37 Kan. 567, 15 Pac 499; In re Prout's Estate (Sur.) 11 N. Y. Supp. 160.—Settling day. The day on which transactions for the "account" are made up on the English stock-exchange. In consols they are monthly; in other investments, twice in the month.—Settling interrogatories. The de termination by the court of objections to inter rogatories and cross-interrogatories prepared to be used in taking a deposition.—Settling is sues. In English practice. Arranging or de termining the form of the issues in a cause. "Where, in any action, it appears to the judge that the statement of claim or defense or re ply does not sufficiently disclose the issues of fact between the parties, he may direct the parties to prepare issues; and such issues shall, if the parties differ, be settled by the judge." Judicature Act 1875, schedule, art. 19. A disposition of property by deed, usually through the medium of a trustee, by which its enjoyment is limited to several persons in succession, as a wife, children, or other relatives. In contracts. Adjustment or liquidation fit mutual accounts; the act by which parties who have been dealing together arrange their accounts and strike a balance. Also tull and final payment or discharge of an account. In poor laws. The term signifies a right acquired by a person, by continued residence for a given length of time in a town or dis trict, to claim aid or relief under the poor laws in case of his becoming a pauper. See Westfield v. Coventry, 71 Vt 175, 44 Atl. 66; Jefferson v. Washington, 19 Me. 300; Jackson County v. Hillsdale County, 124 Mich. 17, 83 N. W. 408. In probate practice. The settlement of an estate consists in its administration by the executor or administrator carried so far that all debts and legacies have been paid and the individual shares of distributees in the corpus of the estate, or the residuary portion, as the case may be, definitely ascertained and determined, and accounts filed and pass ed, so that nothing remains but to make final distribution. See Calkins 'v. Smith, 41 Mich. 409, 1 N. W. 1048; Forbes v. Har rington, 171 Mass. 386, 50 N. E. 641; Ap peal of Mathews, 72 Conn. 555, 45 Atl. 170. —Act of settlement. The statute 12 & 13 Wm. III. c. 2, by which the crown of England was limited to the house of Hanover, and some new provisions were added at the same time for the better securing the religion, laws, and liber ties.—Deed of settlement. A deed made for the purpose of settling property, •. e., arranging the mode and extent of the enjoyment thereof. The party who settles property is called the "set tlor ;" and usually his wife and children or his creditors or his near relations are the beneficia ries taking interests under the settlement. Brown.—Equity of settlement. The equita ble right of a wife, when her husband sues in equity for the reduction of her equitable estate to his own possession, to have the whole or a portion of such estate settled upon herself and her children. Also a similar right now recog nized by the equity courts as directly to be as serted against the husband. Also called the "wife's equity."—Final settlement. This SETTLEMENT. In conveyancing.

term, as applied to the administration of an es tate, is usually understood to have reference to the order of court approving the account which closes the business of the estate, and which fi nally discharges the executor or administrator from the duties of his trust. Roberts v. Spen cer, 112 Ind. 85, 13 N. E. 129; Sims v. Waters, 65 Ala. 445.—Strict settlement. This phrase was formerly used to denote a settlement where by land was limited to a parent for life, and after his death to his first and other sons or children in tail, with trustees interposed to preserve contingent remainders. 1 Steph. Comm. 332, 333.—Voluntary settlement. A settle ment of property upon a wife or other beneficia ry, made gratuitously or without valuable con sideration. SETTLER. A person who, for the pur pose of acquiring a pre-emption right, has gone upon the land in question, and is actu ally resident there. See Hume v. Gracy, 86 Tex. 671, 27 S. W. 584; Davis v. Young, 2 Dana (Ky.) 299; Mclntyre v. Sherwood, 82 Cal. 139, 22 Pac. 937. SETTLOR. The grantor or donor in a deed of settlement. SEVER. To separate. When two Joint defendants separate in the action, each plead ing separately his own plea and relying up on a separate defense, they are said to sever. Admitting of severance or separation, capable of being divided; ca pable of being severed from other things to which it was joined, and yet maintaining & complete and independent existence. SEVERAL. Separate; individual; lade* pendent. In this sense the word is distin guished from "joint" Also exclusive; indi vidual ; appropriated. In this sense it is op posed to "common." —Several actions. Where a separate and dis tinct action is brought against each of two or more persons who are all liable to the plaintiff in respect to the same subject-matter, the ac tions are said to be "several." If all the per sons are joined as defendants in one and the same action, it is called a "joint" action.—Sev eral inheritance. An inheritance conveyed so as to descend to two persons severally, by moieties, etc.—Several issues. This occurs where there is more than one issue involved in a case. 3 Steph. Comm. 560. As to several "Counts," "Covenant," "De mise," "Fishery," "Tail," and "Tenancy," see those titles. is one that is held by a person in his own right only, without any other person being joined or connected with him, in point of interest, during his estate therein. 2 Bl. Comm. 179. The term "severalty" is especially applied, in England, to the case of adjoining meadows undivided from each other, but belonging, either permanently or in what are called "shifting severalties," to separate owners, and held in severalty until the crops have been carried, when the whole is thrown open SEVERABLE. SEVERALTY. A state of separation. An estate in severalty