KFLCC Kingdom Law 2nd Ed.

359

DESCENT

DERELICTION

in a will, and includes all who proceed from the body of the person named; as grandchil dren and great-grandchildren. Amb. 397; 2 Hil. Real. Prop. 242.

Frazier, 51 La. Ann. 1718, 26 South. 378, 72 Am. St Rep. 493. In the civil law. The voluntary aban donment of goods by the owner, without the hope or the purpose of returning to the pos session. Jones v. Nunn, 12 Ga. 473; Liver more v. White, 74 Me. 456, 43 Am. Rep. 600. major primitiva. Noy, Max.; Wing. Max. 66. The derivative power cannot be greater than the primitive. Coming from another; taken from something preceding; secondary; that which has not its origin in itself, but owes its existence to something foregoing. —Derivative conveyances. Conveyances which presuppose some other conveyance prec edent, and only serve to enlarge, confirm, alter, restiain, restore, or transfer the interest grant ed by such original conveyance. They are re leases, confirmations, surrenders, assignments, and defeasances. 2 Bl. Comm. 324. The partial repeal or abolishing of a law, as by a subsequent act which limits its scope or impairs its utility and force. Distinguished from abrogation, which means the entire repeal and annul ment of a law. Dig. 50, 17, 102. In a will, this is a sentence or secret character insert ed by the testator, of which he reserves the knowledge to himself, with a condition that no will "he may make thereafter should be valid, unless this clause be inserted word for word. This is done as a precaution to guard against later wills being extorted by violence, or otherwise improperly obtained. By the law of England such a clause would be void, as tending to make the will irrevocable. Wharton. DERIVATIVE. DEROGATION. DEROGATORY CLAUSE. Derogatnr legi, cum pars detrahitur; abrogatur legi, cum prorsus tollitur. To derogate from a law is to take away part of it; to abrogate a law is to abolish it entire ly. Dig. 50, 17, 102. In Spanish law. An ir regular action committed with violence against law, custom, or reason. of property is to take it out of mortmain, (dead hands;) that is, to unloose it from the grasp, as It were, of ecclesiastical or civil corporations. The term has no equivalent in English. Hall, Mex. Law, § 749. One who is descended from another; a person who proceeds from the body of another, such as a child, grand child, etc., to the remotest degree. The term is the opposite of "ascendant," (q. v.) Descendants Is a good term of description DESAFUERO. DESAMORTIZACION. In Mexican law. The desamortizacion DESCENDANT. Derivativa potestas non potest esse

DESCENDER.

Descent; in the descent

See FOBMEDON.

DESCENDIBLE. Capable of passing by descent, or of being inherited or transmitted by devise, (spoken of estates, titles, offices, and other property.) Collins v. Smith, 105 Ga. 525, 31 S. E. 449. Hereditary succession. Suc cession to the ownership of an estate by in heritance, or by any act of law, as distin guished from "purchase." Title by descent is the title by which one person, upon the death of another, acquires the real estate of the latter as his heir at law. 2 Bl. Comm. 201; Com. Dig. "Descent," A; Adams v. Akerlund, 168 111. 632, 48 N. E. 454; Starr v. Hamilton, 22 Fed. Cas. 1,107; In re Dona hue's Estate, 36 Cal. 332; Shippen v. Izard, 1 Serg. & R. (Pa.) 224; Brower v. Hunt, 18 Ohio St. 338; Allen v. Bland, 134 Ind. 78, 33 N. E. 774. Classification. Descents are of two sorts, lineal and collateral. Lineal descent is descent in a direct or right line, as from father or grandfather to son or grandson. Collateral de scent is descent in a collateral or oblique line, that is, up to the common ancestor and then down from him, as from brother to hrother, or between cousins. Levy v. McCartee, 6 Pet. 112, 8 L. Ed. 334. They are also distinguished in to mediate and immediate descents. But these terms are used in different senses. A descent may be said to be a mediate or immediate de scent of the estate or right; or it may be said to be mediate or immediate, in regard to the mediateness or immediateness of the pedigree or consanguinity. Thus, a descent from the grand father, who dies in possession, to the grandchild, the father being then dead, or from the uncle to the nephew, the brother being dead, is, in the for mer sense, in law, immediate descent, although the one is collateral and the other lineal; for the heir is in the per, and not in the per and cui. On the other hand, with reference to the line of pedigree or consanguinity, a descent is often said to be immediate, when the ancestor from whom the party derives his blood is im mediate, and without any intervening link or degrees; and mediate, when the kindred is de rived from him mediante altero, another ances tor intervening between them. Thus a descent in lineals from father to son is in this sense im mediate; but a descent from grandfather to grandson, the father being dead, or from uncle to nephew, the brother being dead, is deemed mediate; the father and the brother being, in these latter cases, the medium deferens, as it is called, of the descent or consanguinity. Levy v. McCartee, 6 Pet. 112, 8 L. Ed. 334; Furenes v. Mickelson, 86 Iowa, 508, 53 N. W. 416; Garner v. Wood, 71 Md. 37, 17 Atl. 1031. Descent was denoted, in the Roman law, by the term "successio," which is also used by Bracton, and from which has been derived the succession of the Scotch and French ju risprudence. —Descent cast. The devolving of realty up on the heir on the death of his ancestor intes tate. DESCENT.