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Simple English definitions for legal terms

de estoveriis habendis

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A quick definition of de estoveriis habendis:

Term: DE ESTOVERIIS HABENDIS

Definition: De estoveriis habendis is a legal term that refers to a writ allowing a wife who has been divorced from bed and board to recover alimony or estovers. Alimony is an allowance made to a woman for her support out of her husband's estate, and estovers refer to the necessary supplies for a person's livelihood. If the husband refuses to pay, there is a writ at common law de estoveriis habendis to recover it. The amount of alimony is generally proportioned to the rank and quality of the parties, but in case of elopement and living with an adulterer, the law allows the wife no alimony.

A more thorough explanation:

Definition: De estoveriis habendis (dee es-tə-veer-ee-is hə-ben-dis), n. [Law Latin “for having estovers”] Hist. A writ allowing a wife divorced a mensa et thoro (“from bed and board”) to recover alimony or estovers.

Explanation: De estoveriis habendis is a legal term that refers to a writ that allows a wife who has been divorced a mensa et thoro (which means "from bed and board") to recover alimony or estovers. Alimony is an allowance made to a woman for her support out of her husband's estate, and estovers refer to the necessary supplies, such as food and fuel, that a wife is entitled to receive from her husband's property.

Example: In case of divorce a mensa et thoro, the law allows alimony to the wife which is that allowance, which is made to a woman for her support out of her husband's estate; being settled at the discretion of the ecclesiastical judge, on consideration of all the circumstances of the case. This is sometimes called her estovers for which, if he refuses payment, there is; (besides the ordinary process of excommunication) a writ at common law de estoveriis habendis, in order to recover it .... It is generally proportioned to the rank and quality of the parties. But in case of elopement, and living with an adulterer, the law allows her no alimony.” 1 William Blackstone, Commentaries on the Laws of England 429 (1765).

Explanation: This example explains that in case of divorce a mensa et thoro, a wife is entitled to receive alimony or estovers from her husband's estate. If the husband refuses to pay, the wife can use a writ at common law de estoveriis habendis to recover it. The amount of alimony or estovers is generally based on the rank and quality of the parties. However, if the wife elopes and lives with an adulterer, she is not entitled to receive any alimony.

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