Latin for Lawyers

SURRENDER

SURRENDER [L. supra + reddo , reddere / to give back, restore, deliver] To yield to another as a result of force, compulsion or demand. To place one self under the command or control of another. To allow oneself to be influ enced by another. To give up a patent right or claim. To deliver a prisoner into custody. The relinquishment of a claim or right against another, as to surren der a debt or collateral, or possession of leased premises, or the right to pay ment under a promissory note. The (cash) surrender value of an insurance policy is the amount due from an insurer to the insured upon surrender of a policy , usually in the amount of the reserve under the policy less charges for surrender and any outstanding loans against the policy. SURROGATE [L. subrogo ( surrogo ), subrogare / to suggest one person as substitute for another] To put or appoint someone in place of another. To appoint a deputy or sub stitue for oneself. Anyone appointed to act for another. In some states, as in New York, a surrogate is a judicial officer who has jurisdiction over the pro bate of wills, the administration of estates in intestacy, and the care and guardianship of minors. A probate judge. See SUBROGATE SURVIVE, SURVIVAL [L. super + vivo , vivere / to live, be alive] To remain alive or continue to live. To live beyond the death of another, as to survive one’s spouse. To continue to live after a destructive event, as to sur vive a storm. A survival action is an action brought by the personal represen tative of a decedent to recover damages for pain and suffering by the decedent resulting from injuries before death. (This is different from a wrongful death action in which the injury sued upon is the harm caused by the decedent’s death to his beneficiaries, not to the decedent himself.) Survival statutes pre serve the right of a decedent, acting through his representative, to sue for his pain and suffering prior to death. Survivorship is a right belonging to joint tenants or tenants by the entirety with the result that title passes to the survi vor upon the death of either of the tenants. SURVIVOR [L. sur, super / over, above, beyond + vivo, vivere / to live, be alive] A person who remains alive after an accident or incident which threatens his life. One who withstands adversity or challenge. One who comes into a legal right or status because she has outlived another, as a joint tenant or the bene ficiary of a life insurance policy, or an heir upon the death of her decedent. SURVIVORSHIP The state of being a survivor. The right of a joint tenant or a tenant by the entirety to succeed to title upon the death of the other tenant. The right of the survivor to a Totten bank trust.

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