Legal Definitions - in individuo

In individuo is a Latin legal term that refers to something existing or being dealt with in its specific, unique, and individual form, rather than as a general type or a share of a larger whole. It emphasizes the distinct identity of a particular item or entity.

Here are some examples to illustrate this concept:

• Example 1: Specific Artwork in an Estate

  Imagine a will that states, "I leave my entire collection of antique clocks to my nephew." This is a general bequest of a category of items. However, if the will specifies, "I leave the 18th-century French mantel clock with the bronze cherubs, currently displayed in my study, to my nephew," this refers to that specific, unique clock in individuo.

  Explanation: The will identifies a particular, distinct clock by its unique characteristics and location, rather than just any clock from a collection. The nephew is entitled to that exact, individual piece of art, not just one of similar type or value.

• Example 2: Delivery of a Custom-Built Item

  A customer orders a custom-built yacht from a manufacturer. The contract specifies the exact dimensions, materials, engine type, and unique hull identification number (HIN) for the vessel. The manufacturer is obligated to deliver that specific yacht, identified by its unique HIN and custom features, in individuo.

  Explanation: The contract is not for "a yacht" generally, but for a particular, individually defined vessel with unique specifications. The manufacturer must deliver that precise, distinct item, not a substitute, because it was identified as such in the agreement.

• Example 3: Physical Division of Property

  Two business partners jointly own a large commercial building. If their partnership dissolves, they could agree to sell the building and divide the monetary proceeds (a general division of value). However, if a court orders a "partition in individuo," it means the court will physically divide the building or the land it sits on into two distinct, separate parcels, with each partner receiving their own individual, physically demarcated piece of the original property.

  Explanation: A partition in individuo ensures that each owner receives a physically distinct and individual portion of the property itself, rather than just a monetary share representing its value. Each partner gets a specific, unique piece of the original asset.