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Simple English definitions for legal terms
discontinuee
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A quick definition of discontinuee:
Term: DISCONTINUEE
Definition: A discontinuee is someone who acquires an entailed estate, which means they have the right to the property. However, this acquisition also causes the fee tail heirs' right to the estate to be discontinued. This means that the previous heirs no longer have any claim to the property. The discontinuee is now the rightful owner of the estate.
Example: If a father leaves his property to his son, but the son dies without any children, the property may pass to the son's brother. However, if the brother has children, the property may be entailed to them. If one of the children acquires the property, they become the discontinuee, and the previous heirs' right to the property is discontinued.
A more thorough explanation:
Definition: A discontinuee is a person who acquires an entailed estate, which causes the fee tail heirs' right to the estate to be discontinued. This is in contrast to a discontinuor.
Example: John inherited a piece of land from his father, who had a fee tail estate. However, John's father had also sold the land to Mary, who became the discontinuee when she acquired the estate. This meant that John's right to the land was discontinued.
Explanation: In this example, John's father had a fee tail estate, which meant that the land could only be passed down to his direct descendants. However, when he sold the land to Mary, she became the discontinuee, which meant that John's right to the land was discontinued. This is because Mary now had the right to the land, and John's father's fee tail estate was extinguished.