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izing recovery if defendant issued an attach- | LEGAL DISABILITY ment against plaintiffs without legal cause, A petition by adult heirs and on behalf was not synonymous with "probable cause." of minor heirs to open a decree of the county Sehon, Blake & Stevenson v. White (Ky.) 92 court approving the final report of the execuS. W. 280, 281.
tor and distributing the estate, to correct an An entry, under statutes authorizing an
error resulting from an erroneous allowance entry on land under the directions of a rail to the executor and his attorney, which purroad company solely for the purpose of ports to be a petition of persons interested making a preliminary survey of a proposed in the estate, and which sets forth facts railway line subject to liability for all dam- showing that the allowance is erroneous as ages done to the land, constitutes a "legal a matter of law, and which avers the fact cause and good excuse" within the statute of the minority of heirs and presentation of providing that any person who without legal the petition on their behalf, is, as to such cause and good excuse enters the premises of heirs, a sufficient petition within Prob. Code, another after warning shall be punished. $ 287, authorizing persons laboring under any State v. Simons, 40 South. 662, 145 Ala. 95.
legal disability, to move to reopen the ac
count of executor before final distribution; LEGAL CHARGE OF CRIME
the term “legal disability” including minor
ity, though the minors have a guardian. In A gal charge of crime," as contem
re Nelson's Estate, 129 N. W. 113, 116, 26 plated by extradition statutes, means one s. D. 615. made in that state having jurisdiction to try the offense, and from which the fugitive
Rev. St. 1898, § 3968, provides that no fled. The word "charged,” in 2 Ballinger's action can be maintained against the sureAnn. Codes & St. 8 7017, declaring that, when ties on any bond given by a guardian unless any person shall be found within the state it be commenced within four years from the charged with an offense committed in another time when the guardian shall have been state, the court or magistrate may on com- discharged, excepting that if, at the time of plaint issue a warrant for his arrest, con- such discharge, the person entitled to bring templates that the person arrested and de- the action shall be under any “legal dislivered up committed offense in another ability to sue,” the action may be commenced state and is in such state legally charged at any time. Held, that the words "legal with crime. State ex rel. Grass v. White, disability to sue," as used therein, referred 82 Pac. 907, 908, 909, 40 Wash. 560, 2 L. R. to some characteristic of the person disqualA. (N. S.) 563.
ifying him from acting freely for the pro
tection of his rights, and not to an impediLEGAL COUNTY ROAD
ment to the suability of the particular cause
of action, and so inability of the plaintiff to In Sess. Laws 1893, p. 380, making a
sue during the period of accounting and county liable for injuries from defects in a
until the settlement of the guardian's account "legal county road,” it is apparent that the
was not within the exception of persons “unLegislature only intended to provide a rem-der [ang] legal disability to sue.” Wescott edy for injuries received by a traveler on a
v. Upham, 107 N. W. 2, 3, 127 Wis. 590 (citcounty road or highway. Schroeder v. Mult- ing 5 Words and Phrases, p. 4060). nomah County, 76 Pac. 772, 773, 45 Or. 92.
LEGAL DUTY LEGAL DEPENDENT
See Lawful Duty. A member of a fraternal insurance order, who dies leaving only brothers and sisters LEGAL ENTITY and nieces and nephews not living with him,
See Entity. dies without "legal dependents," within the certificate of membership, providing for pay- LEGAL ESTATE ment to legal dependents, and his adminis
Seised importing, see Seised. trator is entitled to the fund for the payment of debts and distribution in due course
Seisin importing, see Seisin. of administration; the words "legal depend- LEGAL ESTOPPEL ents" meaning those relying on the member
Equitable estoppel distinguished, see Esfor support. Little v. Colwell, 74 S. E. 10,
toppel in Pais. 158 N. C. 351, 39 L. R. A. (N. S.) 450 (citing
Estoppel by deed, see Estoppel. 2 Words and Phrases, pp. 1991, 1992).
There being no legal duty imposed by LEGAL EVIDENCE law on insured to support his mother, as is It was unnecessary to advise the jury the case with his wife and minor children, of the meaning of "legal evidence" in an inshe is not a "legal dependent" within the struction that the law demanded conviction meaning of a policy payable to his "legal where there was sufficient legal evidence to dependent.” Vaughn V. National Council, show guilt beyond a reasonable doubt, as any Junior Order United American Mechanics, man competent to serve as a juror would un117 S. W. 115, 116, 136 Mo. App. 362.
derstand that it meant any evidence the jury 3 W08.& P.20 SER.-5
had a right to consider. People v. Anderson, The term "legal heirs," in its technical 87 N. E. 917, 918, 923, 239 Ill. 168.
sense, as used in the common law, includes
all persons born in lawful matrimony who LEGAL EXPENSES
succeed to the estate in real property of an See Proper and Legal Expenses.
ancestor. Thomas v. Supreme Lodge Knights
of Honor, 105 N. W. 922, 923, 126 Wis. 593, LEGAL FENCE
3 L. R. A. (N. S.) 904, 5 Ann, Cas. 456. See Lawful Fence.
The term "legal heirs," in legal strict
ness signifies those entitled to inherit real LEGAL FRAUD
estate; it is also used to indicate those who Promissory representation, looking to the would take under the statute of distribution. future, as to what the vendee can do with Dickerman v. Alling, 76 Atl. 362, 363, 83 the property, how much he can make on it, Conn. 342 (citing Ruggles v. Randall, 38 Atl. and how much he can save by the use of it, 885, 70 Conn. 44; Tingier v. Chamberlin, 42 are on a par with false affirmations and Atl. 718, 71 Conn. 469). opinions as to the value of property, and do not generally constitute "legal fraud.” Na
In construing a will using the words "letional Cash Register Co. v. Townsend Gro- gal heirs" and "lawful heirs,” the words cery Store, 50 S. E. 306, 307, 137 N. C. 652, "legal” and “lawful” do not modify or change 70 L. R. A. 349.
the legal effect of the word "heirs." Stisser
v. Stisser, 85 N. E. 240, 242, 235 Ill. 207. A bill of sale intended as an absolute transfer of title, but made with a secret
As used in a will making a bequest to agreement that the grantee, after selling testator's wife and the legal heirs of his enough goods to pay the grantor's indebted- son, and, in case his son should die without ness to him, should turn back to the grantor wife or heirs, then to the heirs of another, the remainder, or their proceeds, presents a
the words "heirs" and "legal heirs" meant case of "constructive fraud," sometimes call
"children." Knowles y. Knowles, 65 S. E. ed “legal fraud.” Walklin v. Horswill, 123 128, 130, 132 Ga. 806. N. W. 668, 672, 24 S. D. 191.
Where testator, by a codicil to his will, Misrepresentations of a material fact, provided that the income derived from cermade willfully to deceive, or recklessly with tain property should go to “my legal heirs," out knowledge, or if made by mistake and in the term “legal heirs” means next of kin and nocently, and acted on by the opposite party, legal heirs of testator, and does not include constitute legal “fraud,” under Code 1907, next of kin or legal heirs of his wife. Miller 4298, authorizing the rescission of a contract v. Metcalf, 58 Atl. 743, 744, 77 Conn. 176. of sale of stock of a corporation. Southern Under a limitation in a will to the “legal States Fire & Casualty Ins. Co. v. Wilmer heirs" of a person, they were to be deterStore Co. (Ala.) 60 South. 98, 99.
mined as of the date of his decease, and are “Misrepresentation of a material fact the persons who under the laws then in force made willfully to deceive, or recklessly with would have been entitled to inherit his real out knowledge, and acted upon by the op- estate if he had died intestate. Holmes v. posite party, or if made by mistake and Holmes, 80 N. E. 614, 617, 194 Mass. 552. innocently and acted upon by the opposite The words “legal heirs," in a will which party, constitutes 'legal fraud.'” Camp v. bequeathed a feather bed to testator's son Carithers, 65 S. E. 583, 585, 6 Ga. App. 608 and devised to his "wife and legal heirs of J. (quoting definition in Civ. Code, g 4026).
my youngest son" all the household furni. LEGAL GROUND FOR NEW TRIAL AS 65 S. E. 128, 130, 132 Ga. 806.
ture, meant “children." Knowles v. Knowles, MATTER OF LAW The words "legal ground for granting a
Testator bequeathed certain personalty new trial as matter of law,” in a request for to the legal heirs” of his housekeeper. a ruling that if plaintiff after testifying was Schnitzler, 114 N. Y. Supp. 934, 935, 61 Misc.
Held, that her husband was excluded. In re arrested in court during the trial of the
Rep. 218. case, and the jury noticed some of the acts connected with her arrest, and were thereby
Where a testator left to trustees an estate made suspicious that plaintiff was arrested for his grandchild, the trust to continue for perjury, there was a "legal ground for three years during which the trustees were granting a new trial as a matter of law," to possess and manage the property and its mean that the conditions referred to called income and provide for and pay over to the for a new trial as a matter of law, and as grandchild at their discretion, and at the so construed the request is erroneous. Kel- end of the three years the estate to pass to ley v. City of Boston, 87 N. E. 493, 494, 201 the possession of the grandchild, if then Mass. 86.
alive, and "if the grandchild die before the
trust ceases her legal heirs to be substituted LEGAL HEIRS
in place of deceased in every respect," the See Lawful Heirs.
granddaughter's husband is not one of her My legal heirs, see My.
"legal heirs” in the sense of the devise over
to her legal heirs. Buck v. Paine, 75 Me. | leave no legal heirs,” then to the son, the 582, 589.
words "leave no legal heirs” are equivalent Testator gave half of his residuary es
to "leave no lawful issue." Church v. Baer, tate of which his homestead formed a part to 84 Atl. 1099, 1100, 236 Pa. 605. a niece for life, and provided, on her death
LEGAL HOLIDAYS without issue, the homestead should pass to the children of an uncle, and such children The words “legal holidays," as used in should pa ipate equally with testator's Comp. Laws 1897, § 5395, requiring saloons “legal heirs” in whatever balance there to be closed on all “legal holidays," not only might be over and above the homestead. includes legal holidays existing at the time Held, that his legal heirs were those who, in of the adoption of the section, but includes absence of a will, were entitled by law to in- holidays subsequently created by the Legisherit by descent ascertained at the time of lature, such as Labor Day, made a holiday testator's death, excluding the widow. Per- by the act of 1893. People v. Kriesel, 98 N. ry v. Bulkley, 72 Atl. 1014, 1019, 82 Conn. 158. W. 850, 851, 136 Mich. 80, 4 Ann. Cas. 5. A deed of gift by parents to a son, which
Code, $ 2448, par. 9, provides that sadesignates the son and his legal heirs as par- loons shall not be open nor shall any sales ties of the second part, and which conveys be made on Sunday, or any election day, “or the property to the legal heirs, and which re- legal holiday.” Section 3053, headed "Holicites that the son shall have full control of days," directs that certain days, including it for life to maintain his family, and de- July 4th, shall be legal holidays for purposes clares that he shall not sell, mortgage, or relating to bills of exchange. Section 3541 transfer his life interest, and that at his provides that no person shall be held to andeath his wife surviving shall, for life or swer in any court on the days enumerated in until her remarriage, have equal shares with the preceding section. Section 4688, headed the heirs of the son, she not to sell or incum- “Not on election days or holidays," declares ber her interest, gives the son no interest in that no party shall be required to take deposithe property except the power to control it tions on any days on which appearance canfor life, and in the absence of any showing not be required. Held, that the term “legal that there is a surplus of income above what holiday,” as used in section 2448, relates to is necessary for the family, the son has no the days designated in section 3053 as "holiinterest subject to execution, within Ky. St. days." Brennan v. Roberts, 101 N. W. 460, $ 1691, subjecting equitable interests to the 462, 125 Iowa, 615. payment of the debt of an execution creditor; The meaning of the phrase "days of the words "legal heirs" meaning children. public rest and legal holidays” is the oppoMt. Sterling Nat. Bank v. Duff, 140 S. W. 60, site of “secular or business day," and ex61, 145 Ky. 67.
cludes entirely and absolutely the idea of A testator bequeathed corporate stock to holding court. The words “legal holiday" a trustee, to pay the income thereof to a and “dies non" are convertible terms. That grandson and granddaughter for life, and at
the are so in the legislation of Louisiana "is their · death the same to be distributed to demonstrated by the fact that they are so their respective "legal heirs,” except that, if used in Act No. 110 of 1896, p. 158, making the “legal heirs” of the grandson should be Decoration Day a legal holiday." State v. the granddaughter, the trusteeship should Duncan, 43 South. 283, 287, 118 La. 702, 10 continue and the income be paid to the L. R. A. (N. S.) 791, 11 Ann. Cas. 557. granddaughter for life. Held, that the words Act March 4, 1905 (Acts 1905, p. 196, C. "legal heirs" were used in their primary 118), is entitled “An act concerning legal holsense. Grant v. Stimpson, 66 Atl. 166, 167, idays, the maturity of negotiable instru79 Conn. 617.
ments, creating a Saturday half-holiday for The "legal heirs” intended by a will ing all laws,” etc. Section 1 designates cer
banking institutions in certain cities, repealwere those who answered the description at tain days, including Labor Day, as “legal the time of testator's death, where no contrary intention was indicated. The term Section 2 (page 197) declares that every Sat
holidays," without restriction or limitation. "legal heirs” meant those who answered that description under the laws of the state; and urday after 12 o'clock noon in cities of more a provision for equally dividing each of four the legal holidays mentioned in section 1,
than 35,000 inhabitants shall, in addition to certain parts of the estate among the legal be a legal holiday for banks, etc., and section heirs of the persons named required such a
3 provides for the presentation, payment, division as is provided by the laws of the
etc., of negotiable instruments which mature state for the distribution of the estate of a
on Sunday or a legal holiday. Held, that the deceased person among his descendants. Harris v. Ingalls, 68 Atl. 34, 37, 74 N. H. 339. days for all purposes, and hence the sale of
holidays created by section 1 were legal holiWhere testator devises land to his wife liquor on Labor Day constituted a violation for life, and after her death to his daughter, of Act March 10, 1905 (Laws 1905, p. 721, c. and, if she shall not outlive her mother "and' 169, $ 579), prohibiting the sale of liquor on certain specified days "or any legal holiday." , stituting a rule of property in that state, then State v. Shelton, 77 N. E. 1052–1054, 38 Ind. the courts of other states construing the will App. 80.
give to such words the same meaning. Ball In view of Const. art. 6, § 5, providing y. Phelan, 49 South. 956, 968, 94 Miss. 293, 23 that courts shall be always open, legal holi- L. R. A. (N. S.) 895. days excepted, and Code Civ. Proc. $ 10, as LEGAL INTEREST amended by St. 1907, p. 561, c. 287, making
See Direct Legal Interest. every Saturday from 12 o'clock noon until 12 o'clock midnight a holiday, and sections 134,
As interest, see Interest (In Property);
Interest (On Money). 135, as amended by St. 1907, pp. 681, 682, c. 358, authorizing courts to be open on holi
Under Revision 1902, $ 56, providing for days for specified purposes, trial courts ought a rebate of legal interest on the payment of to treat Saturday afternoon as a legal holi- that portion not yet due of a mortgage payday. People v. Heacock, 102 Pac. 543, 546, able at a future date without interest, such 10 Cal. App. 450.
"legal interest" is the rate used by the Under Rev. St. 1895, art. 2939, declaring payable in monthly installments without in
parties in fixing the amount of the mortgage February 220 a legal holiday, and article terest. Greenville Building & Loan Ass'n v. 1180, inhibiting the issuance of process on Wholey, 59 Atl. 341, 346, 68 N. J. Eq. 92. any legal holiday excepting in cases of injunction, distress proceedings, etc., a citation, LEGAL ISSUE in a divorce preceeding, whether original or
Legal heirs as including, see Legal Heirs. an alias, issued on February 22, is invalid, and will not confer jurisdiction upon the
The words "legal issue," when used in a court nor support a judgment. Michael v.
will and unexplained by the context, have Michael (Tex.) 100 S. W. 1018.
the meaning of descendants, and gift to the
“legal issue" of testator's daughter, after a LEGAL INJURY
life estate to her, is a gift to her descendants, Whatever invades a person's rightful and is not limited to her children. Under dominion over his property is a "legal in- a gift to the "legal issue” of testator's jury,” whether damage ensues or not. Such daughter, after a life estate to her, the trust dominion is a right, for the violation of which fund held for her life will vest on her death the law imports damage, and courts of equi- absolutely in interest in all her descendants ty have always interposed, in a proper case, who are living in equal portions per capita. to protect the right without any reference to Schmidt v. Jewett, 88 N. E. 1110, 1111, 195 the question of actual damage, the motive N. Y. 486, 133 Am. St. Rep. 815. which instigated the party to invoke its aid,
LEGAL KNOWLEDGE or the benefits it derives from the act. Allen v. Stowell, 79 Pac. 371, 372, 145 Cal. 666,
See Presumption of Legal Knowledge. 68 L. R. A. 223, 104 Am. St. Rep. 80.
LEGAL LIFE ESTATE A contract or combination in restraint of "Legal life estates" are those made by interstate commerce, prohibited by Anti-operation of law. Disley v. Disley, 75 Atl. Trust Act July 2, 1890, c. 647, 26 Stat. 210, 481, 483, 30 R. I. 366. is not merely illegal in the sense that it is not enforceable, but is per se unlawful, and LEGAL MALICE one who is harmed in his business or proper- See Implied Malice; Malice. ty by such a contract or combination has suffered a "legal injury," within the meaning of
LEGAL MEASURE OF DUTY section 7 of the act, and is by such section
The rule of law now generally recognized given a right of action therefor. Wheeler- / is that the “legal measure of duty,” except that Stenzel Co. v. National Window Glass Job- made absolute by law, is better expressed by bers’ Ass'n, 152 Fed. 864, 865, 871, 81 C. C. A. the phrases "due care,” “reasonable care," or 658, 10 L. R. A. (N. S.) 972.
“ordinary care," used interchangeably. Ray
mond v. Portland R. Co., 62 Atl. 602, 604, 100 LEGAL INSANITY
Me. 529, 3 L. R. A. (N. S.) 94. “Legal insanity" excusing the commission of a criminal act is a disease of the
LEGAL MEETING brain, rendering a person incapable of distin- In the statute providing that no alienguishing between right and wrong with re- ation, or mortgage, of the real estate of spect to the offense charged. State v. Privitt, any mining corporation shall have any force 75 S. W. 457, 459, 175 Mo. 207.
or effect, unless authorized at some meeting
of stockholders, and that no meeting of stockLEGAL INTENT
holders shall be held to be "legal or valid," The words "legal intent," when applied unless notice of the time, place, and object to the intention of a testator, mean that of holding the same be published, etc., the where a testator has used in his will techni- words "legal or valid" are not to be given cal terms to which the courts of his domicile a literal interpretation. The statute does not have attached a settled judicial meaning con- give strangers the right to raise questions as
to the regularity of a mortgage which the gal notice" in this connection as either actual stockholders elect to waive. Thus where the or constructive notice, and provides that, notice for a stockholders' meeting of a corpo- where the consignee is personally served ration stated that the purpose of such meeting with notice, free time begins at 7 o'clock the was to authorize the issue of bonds to the following morning. New Orleans & N. E. R. extent of $100,000, to be secured by mort Co. v. A. H. George & Co., 35 South. 193, 195, gage, etc., and the issue authorized was $150,- 82 Miss. 710. 000, one not a stockholder, but a purchaser,
Notice of appointment of two executors, at execution sale, of the corporation's equity one residing within the state and the other of redemption in the property mortgaged, without the state, which failed to include the could not raise the question of the irregular- name and address of the agent or attorney ity. Beecher v. Marquette & Pacific Rolling of the latter, was not a "legal notice” withMill Co., 7 N. W. 695, 696, 697, 45 Mich. 103. in the meaning of Rev. St. C. 87, § 18, provid
ing that, when an executor or administrator LEGAL NAME
does not give "legal notice" of his appointFor the purpose of giving constructive ment, he cannot avail himself of the statute notice to a defendant in a suit to foreclose of limitations against claims against the esa mortgage, where he has not sued on a tate, id. § 12, providing that executors or written instrument signed by himself, his administrators residing out of the state at "legal name” includes his first Christian the time of giving notice of their appointname and surname. Hence foreclosure of a ment shall appoint an agent or attorney in mortgage did not divest the title of a non- the state, and insert his name and address resident defendant who was sued by the ini- in such notice. Dyer v. Walls, 24 Atl. 801, tial letters of his name, there being no per- 802, 84 Me. 143. sonal service of summons upon him, or appearance in his behalf, and the record show
Where it appeared from the report of ing that he did not sign the mortgage or the viewers for the laying out of a lot that they note secured thereby. Butler v. Smith, 120 had given “legal notice" of the fact, presumN. W. 1106, 1107, 84 Neb. 78, 28 L. R. A. (N. ably they had given the notice required by S.) 436.
law. Crescent Tp. V. Pittsburg & L. E. R.
Co., 59 Atl. 1103, 1105, 210 Pa. 334. LEGAL NEGLIGENCE
Whatever is sufficient to put a subse“Legal negligence" is the omission of quent purchaser on inquiry must be considsuch care as persons of ordinary prudence ered "legal notice” to him of the facts inexercise and deem adequate to the circum- quiry would have disclosed by the exercise stances of the case. Dooling v. City of New of reasonable diligence. Jennings v. Lentz, York, 132 N. Y. Supp. 1012, 1014, 148 App. 93 Pac. 327, 329, 50 Or. 483, 29 L. R. A. (N. Div. 713.
S.) 584. LEGAL NEWSPAPER
LEGAL OBLIGATION See Newspaper.
Debt as legal obligation, see Debt. LEGAL NOTICE
The Roman Catholic Church in the PhilSee Implied Notice.
ippine Islands is a legal personality, with ca"Legal" or "implied notice" is the same pacity to hold property acquired by gift. as "constructive notice," which, according to Santos v. Holy Roman Catholic and A postolWilson's Rev. St. Ann. 1903, c. 16, § 12, is no- ic Church, 29 Sup. Ct. 338, 339, 212 U. S. 463, tice imputed by the law to a person not hav- 53 L. Ed. 599. ing actual notice. Implied notice does not include either positive knowledge or infor- LEGAL PLAINTIFF mation so direct as to necessarily carry con- The "legal plaintiff” is the person in viction to the mind of the person notified, whom the legal title or right of action is and neither does it belong to that class vested, while the "equitable plaintiff” is the which depends on legal presumption, but it person who does not have the legal title to is substantial evidence from which the jury the right of action but is in equity entitled after estimating its value may infer notice. to the thing sued for. Burrell v. United Cooper v. Flesner, 103 Pac. 1016, 1020, 1021, States, 147 Fed. 44, 46, 77 C. C. A, 308. 24 Okl. 47, 23 L. R. A. (N. S.) 1180, 20 Ann. Cas. 29 (quoting Wilson v. Brown, 15 N. Y. LEGAL POSSESSION 354; Wade, Law of Notice, &$ 3, 4, 5).
As possession, see Possession. Rules of the Mississippi Railroad Com- When a delivery of goods is made for a mission provide that railroad companies shall specific purpose, the possession is still supgive prompt notice by mail or otherwise to posed to reside in the first proprietor, and, the consignee of the arrival of goods and where any person has the bare charge of anthat no storage or demurrage charges shall other's effects, legal possession remains in be allowed unless legal notice of the arrival the owner; and therefore where the finder of the goods has been given, and defines "lel of the purse told defendant's wife thereof,