Also known as: decujus · decedent
Written by attorneys · grounded in primary & secondary sources — see below
A Latin phrase identifying the individual from whom another derives a claim or interest. The phrase also designates the person whose legal position or status is the central issue in a proceeding.
Dominic Drake died domiciled in Texas. His executor, a New York resident, sued a Delaware corporation in federal court asserting diversity jurisdiction. The court treated the executor as a Texas citizen solely because that was the state of the de cujus.
After Diane Dawson's death, her executor orally promised a supplier that the estate would pay an existing debt Dawson had incurred. The supplier later sued on the oral promise. The court held the promise unenforceable because it was an undertaking by the executor to answer for a duty of the de cujus.
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Devon Drake sued in Pennsylvania for injuries sustained before his death. After Devon died, his widow moved to transfer the surviving action to Massachusetts where the de cujus had lived. The transferee court applied the same choice-of-law rules that the original court would have applied.
After Paul Perez died, his widow filed a survival action on the claim that had belonged to the de cujus. The court allowed the action to proceed because the claim was not extinguished by death and the estate stood in the de cujus's shoes.
When the original plaintiff died during litigation, the court ordered substitution of the estate representative. The action continued because the claim survived the death of the de cujus under applicable state law.
A therapist learned that a patient planned to kill a specific individual. After the patient carried out the threat, the victim's family sued. The court held that the therapist owed a duty once the threat to the de cujus's intended victim became known.
The legal representative of the estate is deemed a citizen only of the same state as the de cujus. This rule prevents the representative's own citizenship from creating or destroying diversity.
A promise by an executor to answer for a duty of the de cujus falls within the statute of frauds. The promise is unenforceable unless evidenced by a signed writing.
If the claim survives, the court may substitute the proper party. The action continues in the name of the estate of the de cujus rather than abating.
Yes. Courts use the term to identify the decedent whose property passes by intestacy to heirs determined under the probate code.
…courts would enjoy nationwide service of process to adjudicate interests in property with which neither the State nor the decedent could claim any affiliation. The settlor-decedent's Florida domicile is equally unavailing as a basis for jurisdiction over the trust assets. For the purpose of jurisdiction in rem the…