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Survive

Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879

Dictionary of Terms and Phrases Used in American or English Jurisprudence

To live beyond; particularly to live beyond another person. Survivor: one who lives after death of another towards whom he stands related. Survivorship: the living of one/ of two related persons beyond the other; also, the right arising from such living ' beyond. j One of the incidents of joint estates is what is termed the doctrine of survivor- / ship, by which, when two or more persons are seised of a joint estate of inheritance for their own lives, or pur autre He, or are jointly possessed of a chattel interest, the entire tenancy upon the decease of any of them remains to the survivors, and at length to the last survivor; and he shall be entitled to the whole estate, whatever it be, whether an inheritance or a common freehold only, or even a less estate. This incident does not attach to estates held by tenancy in common; but in the case of these latter tenancies it is not unusual to insert a clause of survivorship, or accrual, as it is called. There is this difference between the accrual in joint tenancies which is implied by law, and the accrual in common tenancies which is expressed in the words of the deed, that whereas the former takes place repeatedly, as often as the event arises, the latter is confined to the original shares only of the tenants, and does not extend also to the shares accrued by the accrual, it being a maxim of law as to the express clause that (in the absence of express words) there is "no survivorship upon survivorship." (Pain v, Benson, 3 Atk. 80.) Brown.

Suspendatur per collum

Let him be hanged by the neck. The form of entering judgment against a prisoner sentenced to be Hanged, formerly in use in English practice. It was usually abbreviated to sus. per coll.