Also known as: deceased
Written by attorneys · grounded in primary & secondary sources — see below
A descriptive adjective applied to a person who has died. The term identifies the deceased individual whose prior estate interests, such as dower or curtesy rights, remain subject to prior limitations that attached during life.
After the late Lorenzo Lugo died, his surviving spouse Layla Lane asserted a dower interest in the fee tail land he had held. The interest was subordinate to an executory interest that had restricted Lorenzo's estate during his life. The court therefore limited Layla's claim to the extent of that prior limitation.
After the late Lance Lee died, his surviving spouse asserted dower rights in land he had held subject to a mortgage. The interest remained subordinate to limitations that had restricted Lance's estate during his life. The court therefore limited the spouse's claim to the extent of that prior limitation.
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When the late Lucia Lopez died without a will, her estate was divided into shares for her surviving parents. One share passed to each parent because both were alive at her death. The balance passed by representation to the descendants of her deceased parents.
The late Leonard Lowe held a fee simple conditional estate at his death. His surviving spouse Lucia Lopez claimed curtesy in the land. The interest remained subordinate to an executory interest that had restricted Leonard's estate and had not been destroyed by any transfer he made.
The late Luis Lopez died intestate survived by one parent and by descendants of his other deceased parent. The balance of the estate passed by representation to those surviving descendants of the deceased parent. The distribution followed the statutory rules for determining surviving descendants.
After Layla Lane's late husband died holding a fee tail estate, she asserted a dower interest in the land. The interest was subordinate to the reversion that had restricted the estate during his life. The court therefore enforced the subordination against her claim.
The term identifies the person who has died so that the surviving spouse's dower or curtesy interest can be determined and limited by any executory interests or reversions that attached to the deceased spouse's estate.
The term marks the deceased spouse so the surviving spouse's dower claim is limited by any prior restrictions that attached to the late spouse's estate during life.
The term marks the parent as deceased so that the estate is divided into shares for surviving parents and the balance passes by representation to the surviving descendants of the deceased parents.
…December term, 1801, William Marbury, Dennis Ramsay, Robert Townsend Hooe, and William Harper, by their counsel Charles Lee, late Attorney General of the United States, severally moved the court for a rule to James Madison, Secretary of State of the United States, to show cause why a mandamus should not issue…