Equal
A Dictionary of Law · William C. Anderson · 1889
A Dictionary of Law
5 Compare Equivalent.
Like or alike in quality, degree, amount, or merit; corresponding; uniform; the same: as, equal provision, equity, protection, rights. Equal to. Not less than: as, in an agreement to keep the number of boats in a freight line " equal to" the number leased.
6 > Koehler v. HUl, 60 Iowa, 557, 5B6 (1883), Seevers, J. ^SeeSBl. Com. 180. = Corwin v. Hood, 58 N. H. 402 (1878); Se Swigert, 119 HI. 89 (1886). ' Pohalski v. Mutual Life Ins. Co., 36 N. Y. Super. Ct. 853 (1873); affirmed, 56 N. Y. 640 (1874). = L. cequalis: ceguus, even, level, exact; jiist, right, fair. Equally.
In a will, may mean not that shares are to be held in the same manner, but as equal in quantity.! A per capita division is intended by "divided equally," whether the devisees are children ard grandcliildren, brother or sisters, nephews or, nieces, or strangers in blood to the testator." When a testator designates the objects of his gift by their relationship to a living ancestor, they take equal shares, per capita. But this rule will be controlled by the general intention of the testator." "Equality is equity," and where distribution is to be made among two or more, without anything to indicate the proportions, the presumption is that the shares are equal.* An estate given to two persons, " equally to be divided " between them, is, under a deed, a joint tenancy; under a will, a tenancy in common. In the case of a deed is implied no more than the law has annexed to the estate, viz., divisibility; in the case of a will, the devisor may be presumed to have meant ■ what is most beneficial to both devisees."
Equality.
Uniformity, likeness; sameness: as, of civil liberty.
See Citizen, Amendment, XIV; Equity; Tax, 3.