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Topic: Abatement of debts and legacies


  
  Abatement - LoveToKnow 1911
Abatement of a Nuisance is the remedy allowed by law to a person or public authority injured by a public nuisance of destroying or removing it, provided no breach of the peace is committed in doing so.
Abatement in Pleading, or plea in abatement, was the defeating or quashing of a particular action by some matter of fact, such as a defect in form or the personal incompetency of the parties suing, pleaded by the defendant.
Abatement in Commerce is a deduction sometimes made at a custom-house from the fixed duties on certain kinds of goods, on account of damage or loss sustained in warehouses.
www.1911encyclopedia.org /Abatement   (597 words)

  
 Abatement   (Site not responding. Last check: 2007-10-12)
Abatement of debts and legacies.--When the assets of a deceased person are not sufficient to satisfy fully all the various creditors, their debts must abate proportionately, and they must accept a dividend.
Abatement in pleading, or plea in abatement, was directed to defeating or quashing a particular action by some matter, such as a defect in form or the personal incompetency of the parties suing, pleaded by the defendant.
Abatement in heraldry is a badge in coat-armour, indicating degradation or dishonour.
webpages.charter.net /BrianOtte/encyclopedia_project/a/abatement.html   (593 words)

  
 Abatement
Abatement of debts and legacies: When the equitable assets[?] of a deceased person are not sufficient to satisfy fully all the creditors, their debts must abate proportionately, and they must accept a dividend.
Also, in the case of legacies when the funds or assets out of which they are payable are not sufficient to pay them in full, the legacies abate in proportion, unless there is a priority given specially to any particular legacy.
Abatement of false lights: By the Merchant Shipping Act 1854, the general lighthouse authority has power to order the extinguishment or screening of any light which may be mistaken for a light proceeding from a lighthouse.
www.ebroadcast.com.au /lookup/encyclopedia/ab/Abatement.html   (611 words)

  
 Debt Encyclopedia Article @ Inherited.org   (Site not responding. Last check: 2007-10-12)
Debt, especially large sums of debt, can also be secured through a Categories or other central banks over some of the debtor's Government debt, in which case the creditor will have some Credit over that property in the event that the debtor becomes unable to repay the debt and economic growth on the loan.
Financial debt is the debt held by the financial sector (from one financial institution to another).
Debt from a religious view point is condemned because, by tying past and future, it cuts from the present where God is to be found.
www.inherited.org /encyclopedia/Debt   (2500 words)

  
 Advisory Board of Directors:
It differs from an abatement at law in this, that in the latter the action is in general entirely dead, and cannot be revived, but in the former, the right to proceed is merely suspended, and may be revived by a bill of revivor.
Pleas in abatement to the form of the writ, are therefore now principally for matters dehors, existing at the time of suing out the writ, or arising afterwards, such as misnomer of the plaintiff or defendant in Christian or surname.
Pleas in abatement to the action of the writ, and that the action is misconceived, as that it is in case where it ought to have, been in trespass; or that it was prematurely brought, but as these matters are grounds of demurrer or nonsuit, it is now very unusual to plead them in abatement.
www.balticbankinggroup.com /bbgdicionary/ABATEMENT.htm   (1276 words)

  
 Bouvier
ABATEMENT, contracts, is a reduction made by the creditor, for the prompt payment of a debt due by the payor or debtor.
Abatement, F 5, or one tenant in common, in cases, where they ought to be joined, Ibid.
Pleas in abatement to the action of the writ, and that the action is misconceived, as that it is in case where it ought to have, been in trespass, Com.
www.jusbelli.com /Bouvier/bouvier1856_abate.html   (1946 words)

  
 Abatement | English | Dictionary & Translation by Babylon
Abatement in pleading, a legal defence to civil and criminal actions based purely on procedural and technical issues involving the death of parties and changes in their status
Abatement (heraldry), a modification of the shield or coat of arms that supposedly can be imposed by authority (in England supposedly by the Court of Chivalry) for misconduct.
Debts are paid before gifts made in wills are distributed and where a specific gift has to be sold to pay off a debt, it is said to "abate" (compare with "ademption ").
www.babylon.com /definition/Abatement/English   (1588 words)

  
 PC(USA) - Legal Resource Manual - Estates and Planned Giving
Abatement and ademption are two occurrences that most frequently carry serious implications and result in unfortunate situations involving wills.
Abatement occurs when the value of the estate of the testator is reduced after the execution of the testator's will.
Abatement primarily affects residues and remainders of an estate that are reduced after specific legacies are paid.
www.pcusa.org /legal/estates2.htm   (2650 words)

  
 Maryland Estate Planning | Classification of Legacies
The classification of a certain legacy as a general or specific legacy, obviously, is of paramount importance when applying the abatement statute.
A residuary legacy, on the other hand, is to be distributed in kind if there is no objection to the proposed distribution or when it is practicable to distribute undivided interests in kind.
This meant that, even when real estate was expressly charged with the payment of a debt (e.g., subject to a mortgage), no resort could be had to the realty for the payment of the debt unless and until the personalty was exhausted.
www.fredfranke.com /print_lecture16.htm   (2545 words)

  
 Debt Negotiation and Law   (Site not responding. Last check: 2007-10-12)
And, with its unique debt negotiation and law and consistent focus on applying methods to real-world situations, the book illustrates M&A principles debt negotiation and law and techniques with an array of Fortune 500 case studies.
Debt compliance - In finance, the term Debt compliance describes various legal measures taken to ensure that creditors, whether individuals, businesses, or governments, honor their debts and make an honest effort to repay them.
Abatement of debts and legacies - Abatement of debts and legacies is a common law doctrine of wills that holds that when the equitable assets of a deceased person are not sufficient to satisfy fully all the creditors, their debts must abate proportionately, and they must accept a dividend.
www.zjtechonline.com /debtnegotiationandlaw.html   (747 words)

  
 What is Abatement?
Also known as a tax cut or tax relief, an abatement is a helpful measure used to reduce the amount of taxes or debt a party must pay on his or her personal property, business, or inheritance.
An abatement of debt and legacies provides protection when a person dies and does not have enough money left in his or her estate to meet all financial obligations.
This special abatement is awarded to companies that use a portion of their savings to purchase new business equipment, computer systems, or other critical business upgrades to help the business expand or become more efficient.
www.wisegeek.com /what-is-abatement.htm   (382 words)

  
 abatement
(of legacies) The reduction or cancellation of legacies when the estate is insufficient to cover all the legacies provided for in the will or on intestacy after payment of the deceased’s debts.
An abatement did not prevent either of the parties from bringing fresh proceedings in respect of the same cause of action.
Pleas in abatement have been abolished; in modern practice any change of interest or status of the parties does not affect the validity of the proceedings, provided that the cause of action survives.
www.lawyerport.com /term/A/abatement-2.asp   (331 words)

  
 Legacies in Estate Planning
Abatement is the proportional reduction of shares to beneficiaries if the estate does not have enough assets to pay the shares in full.
In estate planning, the debts of the estate must first be paid before any assets can be distributed, and sometimes property is sold to meet these debts.
When an estate is short of cash and legacies are used to pay off the debts, the rule is that general legacies pay off the debts first.
www.suite101.com /article.cfm/estate_planning/46220/2   (254 words)

  
 Abatement
Abatement may refer to: *Abatement of debts and legacies, a common law doctrine of wills that holds that when the equitable assets of a deceased person are not sufficient to satisfy fully all the...
Abatement means any set of measures designed to permanently eliminate lead-based paint or lead-based paint hazards (see definition of " permanent ").
abatement in law, the interruption of a legal proceeding upon the pleading by a defendant of a...
www.amr1.com /a/abatement   (465 words)

  
 Legacies and devises: abatement
Where after payment of the deceased’s debts and liabilities there are insufficient funds to pay all the legacies in full they have to be abated.
The rules of abatement are subject to any contrary intention shown in the will.
A demonstrative legacy will not abate with the general legacies until after the particular fund is exhausted.
www.hmrc.gov.uk /manuals/ihtmanual/IHTM12086.htm   (270 words)

  
 Legacies and devises: background
Legacies (IHTM12082) are usually divided into three classes, specific legacies, general legacies and demonstrative legacies.
A residuary legacy or devise is a gift of what remains after payment of all debts, liabilities, expenses and other legacies.
Expenses of a legacy - unless the testator (IHTM12001) otherwise directs, the expenses incurred by the personal representatives (IHTM05012) in the upkeep of the subject-matter of a specific devise or legacy are borne by the beneficiary.
www.hmrc.gov.uk /manuals/ihtmanual/ihtm12081.htm   (203 words)

  
 Personal Debt Consolidation   (Site not responding. Last check: 2007-10-12)
A step-by-step guide to eliminating unfavorable debt while improving one's credit rating discusses the differences between good personal debt consolidation and bad debt personal debt consolidation and offers advice on how to reduce debt quickly personal debt consolidation and how to render personal credit as favorable as possible.
Debt - Debt is that which is owed.
Debt levels and flows - Debt is used to finance and pay for undertakings and business around the world.
www.goidb.com /personaldebtconsolidation.html   (860 words)

  
 Loan Debt Consolidation - Consolidation consolidation loan   (Site not responding. Last check: 2007-10-12)
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debtmanagement.debt-consolidation-4.info /loandebtconsolidation.html   (492 words)

  
 Vocabulary
The order and priority for the payment of debts of the estate when the only assets available are those specifically devised or bequeathed to beneficiaries.
The management of a decedent's estate, including the marshaling of assets; the payment of expenses, debts, and charges; the payment or the delivery of legacies, and the rendition of an account.
A fiduciary relationship in which one person (the trustee) is the holder of the legal title to property (the trust property) subject to an equitable obligation (an obligation enforceable in a court of equity) to keep or use the property for the benefit of another person (the beneficiary).
www.willplan.org /vocabulary.html   (4220 words)

  
 LEGAL DICTIONARY A REFERENCE DIRECTORY - LawResearch
The administrator is appointed by a court and is the person who would then have power to deal with the debts and assets of a person who died intestate.
an item of value owned, the property of a deceased person subject by law to the payment of his or her debts and legacies, the entire property of a person, association, corporation, or estate applicable or subject to the payment of debt.
Avulsion Land accretion that occurs by the erosion or addition of one's land by the sudden and unexpected change in a river stream such as a flash flood.
www.justlawlinks.com /REFERENCE/dictionary-a.htm   (3098 words)

  
 M.G.L. - Chapter 65, Section 27
In determining the amount of any tax under this chapter, the commissioner shall not be required to consider any payments on account of debts or expenses of administration which have not been allowed by the probate court having jurisdiction of said estate.
In lieu of allowing any itemized deductions on account of debts, expenses of administration or federal estate taxes, the commissioner shall allow a standard deduction for aggregate values subject to taxation under this chapter of less than one hundred thousand dollars, determined under a table of deductions issued by him and approved by the commissioner.
Upon a final decision ordering an abatement of any part of such a tax, the state treasurer shall pay the amount adjudged to have been illegally exacted, with interest as provided in section forty of chapter sixty-two C, without any further appropriation therefor by the general court.
www.mass.gov /legis/laws/mgl/65-27.htm   (316 words)

  
 ABATEMENT OF DEBTS AND... - Online Information article about ABATEMENT OF DEBTS AND...
ABATEMENT (derived through the French abattre, from the Late Latin battere, to beat)
person are not sufficient to satisfy fully all the creditors, their debts must abate proportionately, and they must accept a See also:
case of legacies when the funds or assets out of which they are payable are not sufficient to pay them in full, the legacies abate in proportion, unless there is a priority given specially to any particular See also:
encyclopedia.jrank.org /A10_ADA/ABATEMENT_OF_DEBTS_AND_LEGACIES.html   (222 words)

  
 Wills Ord
d)     where two legacies, whether equal or unequal in amount, are given to the same legatee, one by a will and the other by a codicil, or each by a different codicil, the legatee is entitled to both legacies.
         If a legacy is given in general terms, without specifying the time when it is to be paid, the legatee has a vested interest in it from the day of the death of the testator, and, if he dies without having received it, it shall pass to his representatives.
         Where a debtor bequeaths a legacy to his creditor, and it does not appear from the will or codicil that the legacy is meant as a satisfaction of the debt, the creditor shall be entitled to the legacy as well as to the amount of the debt.
www.vixa.com /slaw/willsord.htm   (6309 words)

  
 Best Debt Consolidation Services - Consolidation consolidation   (Site not responding. Last check: 2007-10-12)
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 Dictionary A
Debts are paid before gifts made in wills are distributed and where a specific gift has to be sold to pay off a debt, it is said to "abate" (compare with "ademption").
A debt that is not paid on the due date adds up and accumulates as "arrears".
For example, if you do not pay your rent, the debt still exists and is referred to as "arrears".
www.floridalegalanswers.com /dic/a.html   (2826 words)

  
 Massachusetts General Laws - Taxation of Legacies and Successions - Chapter 65 - Legal Research
If a legacy subject to said tax is charged upon or payable out of...
The provisions of sections twenty-four A to twenty-four E, inclusive, shall be liberally construed in...
Abatement of tax; hearing; decision; notice; scope of remedy.
law.onecle.com /massachusetts/65/index.html   (1384 words)

  
 OSCN Found Document:TAPP v. MITCHELL
Where all primary funds and assets preceding in order of resort for payment of debts have been exhausted, and only specific devises and legacies remain in the estate, the same shall abate and contribute ratably, inter se, to satisfy remaining liabilities of the estate.
Estates taxes, both state and federal, constitute an expense of administration and, in the absence of express provisions in the statutes, or proper testamentary direction, may not be apportioned against recipients of non-probate property passing dehors the estate.
"A specific legacy is the gift of something which a testator, identifying it by a sufficient description, and manifesting an intention that it should be enjoyed or taken in the state or condition indicated by that description, separates in favor of a particular legatee, from the general mass of his personal estate.
www.oscn.net /applications/oscn/deliverdocument.asp?citeid=31453   (1947 words)

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