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Per Se

Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914

Bouvier's Law Dictionary and Concise Encyclopedia

Taken alone; in itself; by itself. PER STIRPES (Lat. stirps, trunk or root of a tree or race). By or according to stock or root; by right of representation.

Knapp v. Windsor, 6 Cush. (Mass.) 158; 2 Bla. Com. 217; 2 Kent 425.

When descendants take by representation of their parent, they are said to take per stirpes; that is, children take among them the share which their parent would have taken, if living. PER TOUT ET NON PER MY (Law Fr. by the whole and not by the moiety). Where an estate in fee is given to a man and his wife, they cannot take the estate by moieties, but both are seised of the entirety, per tout et non per my.

2 Bla. Com. 382.

The late married woman’s acts have been held to abolish estates by entireties; Cooper v. Cooper, 76 111.

57; Clark v. Clark, 56 N. H. 105; Meeker v. Wright, 76 N. Y. 262; contra, Hulett v. Inlow, 57 Ind. 412, 26 Am. Rep. 64; Fisher v. Provin, 25 Mich. 350; Diver ▼. Diver, 56 Pa. 106.

See Entirety. PER UNIVERSITATEM (Lat by the whole). Used of the acquisition of any property as a whole, in opposition to an acquisition by parts: e. g. the acquisition of an inheritance, or of the separate property of the son (peculium), etc. Calvinus, Lex. Univer sitas.