A discontinuor is an individual who has received a piece of land or property that is entailed, indicating that it can solely be inherited by specific heirs. If the discontinuor proceeds to sell or transfer the property to someone who is not an eligible heir, it results in a discontinuance. This discontinuance implies that the property is no longer entailed and can be inherited by anyone. For instance, John inherited a piece of land that was meant to be passed down exclusively to his children. However, he sold the land to his friend, who was not an eligible heir, thereby becoming a discontinuor and causing a discontinuance of the entailed property.
A discontinuor is someone who, as a tenant in tail, transfers the entailed estate, leading to a discontinuance. This means that the property is no longer restricted and can be transferred to another person. For instance, John inherited a property that was entailed, meaning he couldn’t sell or transfer it without court permission. However, John chose to sell the property to his friend without seeking court approval. Consequently, John became a discontinuor as he violated the entailment rules and caused a discontinuance. This example demonstrates how a tenant in tail can become a discontinuor by transferring the entailed estate without following proper legal procedures. As a result, the property is no longer restricted and can be passed on to someone else. In this scenario, John’s friend became the new owner of the property, while John lost his rights to it.
A discontinuor refers to a person or entity that voluntarily terminates or ceases a legal action or proceeding.
Yes, a discontinuor can be filed at any stage of a legal case, as long as it is done voluntarily by the party initiating the action.
There can be various reasons for filing a discontinuor, such as settlement reached between the parties, lack of evidence, change in circumstances, or a change in the party’s legal strategy.
Yes, filing a discontinuor typically means that the case is over, as it signifies the party’s intention to no longer pursue the legal action.
Yes, a discontinuor can be filed without the consent of the opposing party. It is a unilateral decision made by the party initiating the action.
Generally, there are no significant consequences for filing a discontinuor, as it is a voluntary action. However, the party may be responsible for paying any outstanding legal fees or costs incurred up until the discontinuance.
In some cases, a discontinuor can be withdrawn or revoked if both parties agree to it. However, this would require the consent of the opposing party and the court’s approval.
No, a discontinuor is typically not applicable in criminal cases. It is more commonly used in civil cases where one party initiates legal action against another.
Yes, a discontinuor can be filed in small claims court, just like in any other court. The process and requirements may vary depending on the jurisdiction.
In most jurisdictions, there is no specific time limit for filing a discontinuor. However, it is advisable to file it as soon as the party decides to discontinue the legal action to avoid unnecessary delays or complications.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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