Legal Definitions - mortuus

The term mortuus is a historical legal term derived from Latin, meaning dead. In a more specific historical context, it also referred to a formal statement made by a sheriff or other officer of the court, indicating that a person named in a legal document, such as a summons or warrant, was deceased. This declaration, known as a "sheriff's return," would explain why the officer could not carry out their duty, such as serving papers on the individual.

• Example 1: Historical Property Records

  Imagine a historical land deed from the 17th century that describes the transfer of property. If one of the original parties to the deed had passed away before the transaction was fully recorded or settled, the document might contain a marginal note stating, "John Doe, mortuus."

  This illustrates mortuus in its general sense of "dead," clarifying the status of a party involved in a historical legal instrument. The notation informs anyone reviewing the deed that John Doe was deceased at a relevant point in the transaction's history.

• Example 2: Sheriff's Return on a Summons

  Consider a scenario in 19th-century England where a court issued a summons for a debtor to appear. A sheriff was tasked with delivering this summons. Upon attempting to serve the papers, the sheriff discovered the debtor had recently died. The sheriff would then file a formal report back to the court, known as a "return," which might state, "Debtor Richard Roe, mortuus."

  Here, mortuus specifically refers to the sheriff's official declaration that the named party was deceased. This return would then become part of the court record, explaining the inability to proceed with the original action against Richard Roe because he was no longer alive.

• Example 3: Probate and Estate Administration

  In an 18th-century probate record concerning the administration of an estate, a document might list the beneficiaries of a will. If one of the named beneficiaries had died before the will was executed or the estate fully distributed, the record might note next to their name, "Beneficiary Jane Smith, mortuus."

  This example uses mortuus to indicate that Jane Smith was deceased. This notation would inform the court and other parties that Jane Smith was no longer alive to receive her inheritance directly, and her share would need to be handled according to the will's provisions for deceased beneficiaries or by applicable laws of succession.