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Simple English definitions for legal terms
nuper obiit
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A quick definition of nuper obiit:
Term: nuper obiit
Definition: Nuper obiit is a legal term that means "lately died" in Latin. It was a writ that allowed an heir to divide land equally when a coheir took possession of the estate and prevented other heirs from accessing it after the death of an ancestor who held the estate in fee simple. The writ was abolished in 1833.
Related term: Coparcener
A more thorough explanation:
nuper obiit
nuper obiit is a legal term that means "lately died" in Latin. It was used in the past to help an heir divide land equally when a coheir took the land and prevented other heirs from possessing it after the death of an ancestor who held the estate in fee simple. This writ was abolished in 1833.
For example, if a father died and left his land to his three children, but one of the children took the land and refused to share it with the others, the other two children could use nuper obiit to establish an equal division of the land.
Another example is if a grandfather died and left his land to his four grandchildren, but one of the grandchildren took the land and refused to share it with the others, the other three grandchildren could use nuper obiit to establish an equal division of the land.
These examples illustrate how nuper obiit was used to ensure that all heirs received an equal share of the land after the death of an ancestor.