Derogatory Clause

Defined in 5 dictionaries — Cyclopedic (1922), Ballentine's (1916), Bouvier (1914), Black's (1910), Black's (1891)

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

In a will, this is a sentence or secret character inserted by the testator, of which he reserves the knowledge to himself, with a condition that no will he may make thereafter should be valid, unless this clause be inserted word for word. This is done as a precaution to guard against later wills being extorted by violence, or otherwise improperly obtained. By the law of England such a clause would be void, as tending to make the will irrevocable. Wharton.

Ballentine's Law Dictionary

James A. Ballentine · 1916

A secret clause in a will with a condition nullifying all future wills not containing it.

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

A sentence or secret character inserted in a will by the testator, of which he reserves the knowledge to himself, with a condition that no will he may make thereafter shall be valid, unless this clause be inserted word for word. This is done as a precaution against later wills being extorted by violence or otherwise improperly obtained. Whart.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

In a will, this is a sentence or secret character inserted by the testator, of which he reserves the knowledge to himself, with a condition that no will he may make thereafter should be valid, unless this clause be inserted word for word. This is done as a precaution to guard against later wllls being extorted by violence or otherwise improperly obtained. By the law of England such a clause would be void, as tending to make the will irrevocable, Wharton. Derogatur legi, cum pars detrahitur; abrogatur legi, cum prorsus tollitur. To derogate from a law is to take away part of it; to abrogate a law is to abolish it entirely. Dig. 50, 17, 102.

A Dictionary of Law

Henry Campbell Black · 1891

In a will, this is a sentence or secret character inserted by the testator, of which he reserves the knowledge to himself, with a condition that no will he may make thereafter should be valid, unless this clause be inserted word for word, This is done asa precaution to guard against later wills being extorted by violence, or otherwise improperly obtained. By the law of England such clause would be void, as tending to make the will irrevocable. Wharton. Derogatur legi, cum pars detrahitur; abrogatur legi, cum prorsus tollitur. To derogate from a law is to lake away part of it; to abrogate a Jaw is to abolish it entirely. Dig. 50, 17, 102.