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Simple English definitions for legal terms
supplanting limitation
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A quick definition of supplanting limitation:
Supplanting limitation is a type of restriction that involves a secondary gift expressed in a clause following the original gift. It is usually introduced by words like "but if," "and if," or "in case." Limitation, on the other hand, refers to the act of limiting or the state of being limited. It can also mean a restriction or a statutory period after which a lawsuit or prosecution cannot be brought in court. In property law, limitation can refer to the restriction of the extent of an estate or the creation of a lesser estate out of a fee simple. There are different types of limitations, including collateral limitation, conditional limitation, executory limitation, limitation over, and special limitation.
A more thorough explanation:
Definition: Supplanting limitation is a type of limitation that involves a secondary gift expressed in a clause following the original gift. It is typically introduced by the words "but if," "and if," or "in case."
Example: "I give my house to my son, but if he dies before me, then I give it to my daughter."
This example illustrates a supplanting limitation because it involves a secondary gift (the daughter receiving the house) that is expressed in a clause following the original gift (the son receiving the house).
Another example: "I give my car to my nephew, and if he doesn't want it, then I give it to my niece."
This example also illustrates a supplanting limitation because it involves a secondary gift (the niece receiving the car) expressed in a clause following the original gift (the nephew receiving the car).