Also known as: ob. · died · deceased
Written by attorneys · grounded in primary & secondary sources — see below
A Latin notation recording that a named person has died. The notation marks the moment of death for purposes of triggering rules that depend on a party's death, such as termination of authority or passage of property interests.
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Oakley Osei stabbed Otis Olsen during a fight. Otis lingered in a coma and obiit more than fourteen months later. Because the death occurred after the one-year-and-one-day period, the prosecution could not charge Oakley with homicide even though the wound was the but-for cause.
Owen Ortega held land in fee tail. When Owen obiit, his widow Odilia Okamura claimed dower. Her interest attached to the fee tail but remained subordinate to any remainder or executory interest that had restricted Owen's estate.
Omar Olson died intestate survived by one parent and by descendants of a deceased parent. Because the deceased parent obiit leaving surviving descendants, the estate was divided into shares under the representation rules for those descendants.
Onyx O'Reilly held a fee tail preserved for a single lifetime. After Onyx obiit, the surviving spouse asserted curtesy. The interest attached as if the estate had been fee simple absolute, yet remained subordinate to any executory interest that had limited the deceased spouse's estate.
After both parents obiit, the balance of the intestate estate passed by representation to the surviving descendants of those deceased parents under the applicable subsection.
Omega Energy's founder held land in fee simple conditional. When the founder obiit, the surviving spouse received dower equivalent to a fee simple absolute interest, subject only to any executory interest or possibility of reverter that had not been destroyed by prior transfer.
The notation records the death of a named person so that rules triggered by death, such as dower claims or intestate distribution, can be applied at the correct moment.
Supporting sources
Modern pleadings rarely use the Latin word. Instead they state the date of death directly, but the concept remains central whenever a party's death affects authority or property rights.
Supporting sources
…Stewart was isolated with his interrogators. During the ninth interrogation session, Stewart admitted that he had robbed the deceased and stated that he had not meant to hurt her. Police then brought Stewart before a magistrate for the first time. Since there was no evidence to connect them with any crime, the police then…