Also known as: revive · revived · reviving · revivor
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
A rule providing that a servitude terminates upon merger of all benefits and burdens into single ownership. Subsequent transfer creating separate ownership does not revive the servitude. Revival instead requires fresh creation under the rules for establishing servitudes.
A rule providing that a servitude terminates upon merger of all benefits and burdens into single ownership. Subsequent transfer creating separate ownership does not revive the servitude. Revival instead requires fresh creation under the rules for establishing servitudes.
Select any source to read its text and confirm it supports the definition.
The reestablishment of a previously revoked will when the revoking instrument or act is itself revoked and the testator manifests intent to restore the earlier will. Intent may be shown by reexecution, a codicil, or circumstances and declarations surrounding revocation of the later instrument.
Select any source to read its text and confirm it supports the definition.
Continuation of a tort action after the death of a party under survival statutes. Recovery is limited to harms suffered before death, and liability for punitive damages ends with the tortfeasor's death.
Select any source to read its text and confirm it supports the definition.
The reestablishment of a previously revoked will when the revoking instrument or act is itself revoked and the testator manifests intent to restore the earlier will. Intent may be shown by reexecution, a codicil, or circumstances and declarations surrounding revocation of the later instrument.
Continuation of a tort action after the death of a party under survival statutes. Recovery is limited to harms suffered before death, and liability for punitive damages ends with the tortfeasor's death.
Each sense below has its own examples, sources, and questions.
Ronald Reed owned both Blackacre and Whiteacre. Blackacre held an easement benefiting Whiteacre. Reed merged the parcels into single ownership, extinguishing the easement. Reed later conveyed Whiteacre to Raphael Rivera. The separate ownership did not revive the easement.
Owner acquired both Blackacre and Whiteacre, extinguishing an easement burdening Blackacre that benefited Whiteacre. Owner later conveyed Whiteacre to Buyer. The deed made no mention of the easement. The conveyance did not revive the easement.
No. Merger extinguishes the servitude. Later separation of ownership does not revive it. The parties must instead satisfy the rules for creating a new servitude.
Supporting sources
Renata Russo executed Will One leaving her estate to her niece. She later executed Will Two revoking Will One and leaving everything to a charity. Russo then tore up Will Two intending to restore Will One. The circumstances showed intent to revive Will One, allowing it to take effect.
Rajesh Rao executed Will One benefiting his brother. He later executed Will Two revoking Will One and benefiting a friend. Rao then burned Will Two while declaring he wanted Will One to control. The declarations established intent to revive Will One under the applicable statute.
Rosalind Reed executed Will One. She later revoked it by act. Reed then wrote a note across the face of Will One stating her intent to restore it. The writing clearly and convincingly demonstrated intent to reverse the revocation, reviving the will.
The testator must reexecute the earlier will, execute a codicil showing intent to revive it, revoke the later will by act with intent to revive the earlier will, or revoke the later will by a still later will whose terms show intent to revive the earlier will.
Supporting sources
Revival after revocation by act requires reexecution, a codicil showing intent, or an act on the will that clearly and convincingly shows intent to reverse the revocation. Revival after revocation by a later will adds the option of revoking the revoking will by act or by another will with intent to revive the earlier instrument.
Supporting sources
The earlier will is revived only if circumstances of the revocation or the testator's declarations show intent that the earlier will take effect as executed.
Supporting sources
Rachel Ramirez sued a driver for negligence causing her back injury. The driver died before trial. The survival statute allowed the action to continue, but recovery was confined to harms Ramirez suffered before the driver's death. Punitive damages were unavailable.
Recovery is limited to harms the injured person suffered before death. Liability for punitive damages ends with the tortfeasor's death.
Supporting sources
…to which the assigning partner would otherwise be entitled.” This statute, which took effect October 1, 1919, did not indeed revive the enterprise if automatically on the execution of the assignment a dissolution had resulted in 1917. It sums up with precision, however, the effect of the assignment as the parties meant…