Simple English definitions for legal terms
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Term: COLLATIONE FACTA UNI POST MORTEM ALTERIUS
Definition: Collatione facta uni post mortem alterius is a legal term that means when someone dies before they can take a job, someone else can take their place. It's like when you can't go to a party, so your friend gets to go instead. This term was used in a special request to a court to ask a bishop to appoint a new person to a job that was left empty because the first person died before they could start.
Definition: Collatione facta uni post mortem alterius is a legal term in Latin that means "by collation to a benefice made to one after the death of the other." It refers to a writ that is directed to the Court of Common Pleas, requesting that the court order a bishop to appoint a clerk in place of another who had died pending appointment.
Example: If a bishop had appointed a clerk to a benefice, but the clerk died before taking up the position, the bishop would need to appoint another clerk to fill the vacancy. The writ of collatione facta uni post mortem alterius would be used to request that the Court of Common Pleas order the bishop to make the appointment.
Explanation: The example illustrates how the writ of collatione facta uni post mortem alterius was used to ensure that a benefice was filled after the death of the original appointee. The writ was necessary because the bishop may not have been willing or able to make the appointment without a court order. The writ ensured that the appointment was made in a timely manner and that the benefice was not left vacant for an extended period.