Also known as: sole-use
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A payment directive under which a family allowance from a decedent's estate is disbursed exclusively to the surviving spouse when no minor or dependent children exist. The directive permits the allowance to reach the spouse directly rather than through a shared distribution to children.
A payment directive under which a family allowance from a decedent's estate is disbursed exclusively to the surviving spouse when no minor or dependent children exist. The directive permits the allowance to reach the spouse directly rather than through a shared distribution to children.
Select any source to read its text and confirm it supports the definition.
A grant of exclusive possession of identified premises that transfers a leasehold interest rather than a mere license. The grant is evidenced by control over a defined space together with restrictions on relocation by the provider.
Select any source to read its text and confirm it supports the definition.
A grant of exclusive possession of identified premises that transfers a leasehold interest rather than a mere license. The grant is evidenced by control over a defined space together with restrictions on relocation by the provider.
Each sense below has its own examples, sources, and questions.
After her husband died, Samantha Stone petitioned the probate court for a family allowance. The estate lacked sufficient assets to pay all claims. The court directed payment of the allowance as a lump sum to Samantha alone because no minor children survived the decedent. The payment satisfied the statute's requirement that the allowance serve the surviving spouse's maintenance during administration.
The allowance becomes payable solely to the surviving spouse when the decedent leaves no minor or dependent children. The statute directs the payment to the spouse for the spouse's own maintenance and for any children who may exist, but the sole-use clause applies once no qualifying children remain.
Supporting sources
Carter Coal Company mined bituminous coal on its own property. The company consumed the entire output in its steel furnaces without selling any portion to outside buyers. Regulators later challenged the company's reporting of that output under a federal excise provision. The court treated the coal as produced for the producer's sole use and therefore subject to the statutory scheme.
No. Courts examine whether the provider transferred the right to exclusive possession of identified premises. A clause granting sole use of a lockable suite together with a promise not to relocate the occupant without consent establishes that transfer regardless of the contract's title or service-oriented language.
Supporting sources
The restriction creates a limited estate that ends if the condition is breached. A lease allowing industrial processing on part of the tract violates the sole-use limitation and renders any retained future interest in the grantor possessory.
Supporting sources
…of it be confined wholly to the limits of the state. It also applies to "captive coal" — that is to say, coal produced for the sole use of the producer. It is very clear that the "excise tax" is not imposed for revenue but exacted as a penalty to compel compliance with the regulatory provisions of the act. The whole…