KFLCC Kingdom Law 2nd Ed.

365

DIALOQUS DE SOACOARIO

DEVISEE

execution of the judgment appealed from. State v. Allen, 51 La. Ann. 1842, 26 South. 434. To pass or be transferred from one person to another; to fall on, or accrue to, one person as the successor of an other; as, a title, right, office, liability. The term is said to be peculiarly appropriate to the passing of an estate from a person dying to a person living. Parr v. Parr, 1 Mylne & K. 648; Babcock v. Maxwell, 29 Mont. 31, 74 Pac. 64. See DEVOLUTION. DEVOLVE.

of them by will that thereby no estate vests at the death of the devisor, but only on some fu ture contingency. It differs from a remainder in three very material points: (1) That it needs not any particular estate to support it; (2) that by it a fee-simple or other less estate may be limited after a fee-simple; (3) that by this means a remainder may be limited of a chattel interest, after a particular estate for life created in the same. 2 Bl. Gomm. 172. In a stricter sense, a limitation by will of a future contingent interest in lands, contrary to the rules of the common law. 4 Kent, Comm. 263; 1 Steph. Comm. 564. A limitation by will of a future estate or interest in land, which can- $ t, consistently with the rules of law, take ef- ;t as a remainder. 2 Pow. Dev. (by Jarman,) 237. See Poor v. Considine, 6 Wall. 474, 18 L. Ed. 869; Bristol v. Atwater, 50 Conn. 406; Mangum v. Piester, 16 S. C. 325; Civ. Code Ga. 1895, § 3339; Thompson v. Hoop, 6 Ohio St. 487; Burleigh v. Clough, 52 N. H. 273, 13 Am. Rep. 23; In re Brown's Estate, 38 Pa. 294; Glover v. Condell, 163 111. 566, 45 N. E. 173, 35 L. R. A. 360. Lapsed devise. A devise which 1 fails, or takes no effect, in consequence of the death of the devisee before the testator; the subject-matter of it being considered as not disposed of by the will. 1 Steph. Comm. 559; 4 Kent, Comm. 541. Murphy v. McKeon, 53 N. J. Eq. 406, 32 Atl. 374. Residuary devise. A devise of all the residue of the testator's real property, that is, all that remains over and above the other devises. The person to whom lands or other real property are devised or given by will. 1 Pow. Dev. c. 7. —Residuary devisee. The person named in a will, who is to take all the real property re maining over and above the other devises. A giver of lands or real es tate by will; the maker of a will of lands; a testator. Fr. Duty. It is used in the statute of 2 Rich. II. c. 3, in the sense of duties or customs. The transfer or transi tion from one person to another of a right, liability, title, estate, or office. Francisco v. Aguirre, 94 Cal. 180, 29 Pac. 495; Owen v. Insurance Co., 56 Hun, 455, 10 N. Y. Supp. 75. In eeclesiastical law. The forfeiture of a right or power (as the right of presentation to a living) in consequence of its non-user by the person holding it, or of some other act or omission on his part, and its resulting transfer to the person next entitled. In Scotch law. The transference of the right of purchase, from the highest bidder at an auction sale, to the next highest, when the former fails to pay his bid or furnish se curity for its payment within the time ap pointed. Also, the reference of a matter in controversy to a third person (called "overs man") by two arbitrators to whom it has been submitted and who are unable to agree. DEVISEE. DEVISOR. DEVOIR. DEVOLUTION.

DEVY.

L. Fr. Dies; deceases.

Bend

loe, 5.

DEXTANS.

In Roman law. A di

La t

vision of the as, consisting of ten unciw; ten-twelfths, or five-sixths. 2 Bl. Comm. 462, note m.

DEXTRARIUS.

One at the right hand

of another.

DEXTRAS DARE. To shake hands in token of friendship; or to giye up oneself to the power of another person. In maritime law. The contract which takes place between the own er of a ship, the captain, and the mariners, who agree that the voyage shall be for the benefit of all. The term is used in the Ital ian law. Emerig. Mar. Loans, § 5. DI. ET FI. L. Lat In old writs. An abbreviation of dilecto et fideli, (to his be loved and faithful.) DI COLONNA. DIAGNOSIS. A medical term, meaning the discovery of the source of a patient's ill ness or the determination > of the nature of his disease from a study of its symptoms. Said to be little more than a guess enlighten ed by experience. Swan v. Railroad Co., 79 Hun, 612, 29 N. Y. Supp. 337. That branch of logic which teaches the rules and modes of rea soning. A rhetorical figure in which arguments are placed in various points of view, and then turned to one point. Enc. Lond. Dia logue of or about the exchequer. An ancient treatise on the court of exchequer, attributed by some to Gervase of Tilbury, by others to Richard Fitz Nigel, bishop of London in the reign of Richard I. It is quoted by Lord Coke under the name of Ockham. Crabb, Eng. Law, 7L DIALECTICS. DIALLAGE. DIALOGUS DE SCACCARIO. DIACONATE. The office of a deacon. DIACONUS. A deacon

DEVOLUTIVE APPEAL. In the law of Louisiana, one which does not suspend the