Also known as: doctrine of succession · succession doctrines · succession · state succession
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
A corporate attribute granting perpetual duration and the ability to continue exercising powers under the same name despite changes in ownership or management. The attribute supplies continuity equivalent to that of a natural person for purposes of contracting, suing, and holding property.
A corporate attribute granting perpetual duration and the ability to continue exercising powers under the same name despite changes in ownership or management. The attribute supplies continuity equivalent to that of a natural person for purposes of contracting, suing, and holding property.
Synergy Systems merged into Summit Bank. Summit Bank continued all pending contracts and maintained the same corporate name and powers without interruption. The surviving corporation exercised the powers listed in its governing statute as though it were the original entity.
The body of rules governing transfer of title to real or personal property by operation of law upon death or other triggering events. Title passes without a deed when the transfer occurs through intestate succession, devise, adverse possession, foreclosure, or tax sale.
Sophia Singh's will created a class gift of farmland to the descendants of her brother. When the interest became possessory twenty years later, only two grandchildren were alive. The property was divided between those two grandchildren in the shares they would have received had the brother died intestate at that moment owning the land.
The principle under which a successor sovereign or government acquires title to property formerly held by a predecessor regime. The doctrine operates automatically upon the change in sovereignty and precludes claims of abandonment by prior owners.
The body of rules governing transfer of title to real or personal property by operation of law upon death or other triggering events. Title passes without a deed when the transfer occurs through intestate succession, devise, adverse possession, foreclosure, or tax sale.
The principle under which a successor sovereign or government acquires title to property formerly held by a predecessor regime. The doctrine operates automatically upon the change in sovereignty and precludes claims of abandonment by prior owners.
Each sense below has its own examples, sources, and questions.
Sabrina Shah conveyed land located in State X while domiciled in State Y. A court in State Y applied the totality of State X law, including State X choice-of-law rules, to determine the validity of the conveyance and reached the same result a State X court would have reached.
Sebastian Santos signed a draft directing payment to Simone Sanders or Skylar Sullivan jointly. The instrument was treated as an order because it permitted payment to either payee. Had the draft required payment first to one then the other, it would not have qualified as an order.
Southland Foods sued Skyline Construction in federal court over a construction contract containing an arbitration clause. The federal court stayed the action to allow parallel state proceedings to conclude first, avoiding the risk that a later state judgment would bind the federal case through preclusion doctrines.
Solomon Silver died owning a warehouse. Under the applicable statute of descent, title passed directly to his sole heir. The heir later executed a corrective deed only to confirm the record. No deed from the decedent was required for the initial transfer.
A surviving spouse receives the entire intestate estate when the decedent leaves no surviving descendants and no surviving parents. The statute allocates by family structure rather than by perceived need or other factors.
The spouse receives the first statutory dollar amount plus one-half of the remaining balance. The balance then passes to the descendants by representation.
No. Only legally recognized biological or formally adopted children qualify as descendants. Informal treatment or statements of affection do not create inheritance rights.
A missing parent is treated as predeceased only after a court enters a formal decree of death. Until then the parent is not counted as surviving for purposes of allocating the spouse's share.
…administration. Thereby is avoided the obstruction to just claims that would come from permitting the harassment and cost of a succession of separate appeals from the various rulings to which a litigation may give rise, from its initiation to entry of judgment. To be effective, judicial administration must not be…