In Superficie
Defined in 2 dictionaries — Cyclopedic (1922), Ballentine's (1916)
The Cyclopedic Law Dictionary
Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
(Lat.) In the surface. IN TANTUM (Law Lat.) In so much; so much; so far; so greatly. Reg. Orig. 97, 106. IN TERMINIS TERIVIINANTIBUS (Law Lat.) In terms of determination; exactly in point. 11 Coke, 40b. In express or determinate terms. 1 Leon. 93. IN TERROREM (Lat.) By way of threat, terror, or warning. For example, when a legacy is given to a person upon condition not to dispute the validity or the dispositions in wills and testaments, the conditions are not, in general, obligatory, but only in terrorem. If, therefore, there exist probabilis causa litigandi, the nonobservance of the conditions will not be a forfeiture. 2 Vern. 90; 1 Hill, Abr. 253; 3 P. Wms. 344; 1 Atk. 404. IN TERROREM POPULI (Lat. to the terror of the people). A technical phrase necessary in indictments for riots. 4 Car. & P. 373. Lord Holt has given a distinction between those indictments in which the words in terrorem, populi are essential, and those wherein they may be omitted. He says that, in indictments for that species of riots which consist in going about armed, etc., vrithout committing any act, the words are necessary, because the offense consists in terrifying the public; but in those riots in which an unlawful act is committed, the words are useless. 11 Mod. 116; 10 Mass. 518. we should seek diligently the will of the testator. "But," says Dodderidge, C. J., "this is to be observed with these two limitations: (1) His intent ought to be agreeable to the rules of the law; (2) his intent. ought to be collected out of the words of the will." 3 Bulst. 103; Broom, Leg. Max. (3d London Ed.) 494. IN TESTAMENTIS PLEN1US VOLUNtates testantlum Interpretantur. In testaments, the will of the testator should be liberally construed. That is to say, a will shall receive a more liberal construction than its strict meaning, if alone considered, would permit. Dig. 50. 17. 12; Cujac. ad loc, cited 3 Poth. Pand. 46; Broom, Leg. Max. (3d London Ed.) 507. IN TESTAMENTIS RATIO TACITA NON debet considerarl, sed - verba solum spectari debent; adeo per divinationem mentis a verbis recedere durum est. In wills, an unexpressed meaning ought not to be considered, but the words alone ought to be looked to, so hard is it to recede from the words by guessing at the intention. IN TESTIMONIUM (Lat.) In witness whereof.
Ballentine's Law Dictionary
James A. Ballentine · 1916