Over

In conveyancing, the word "over" prior estate. Thus, in what is commonly called the "name and arms clause" in a will or settlement, there is generally a proviso that, if the devisee fails to comply with the condition, the estate is to go to some one else. This is a limitation or gift over. Watson, Comp. Eq. 1110.

In conveyancing, the word “over” is used to denote a contingent limilation intended to take effect on the failure of a prior estate. Thus, in what is commonly called the “name and arms clause” in a will or settlement there is generally a proviso that if the devisee fails to comply with the condition the estate is to go to some one else. This is a limitation or gift over. Wats. Comp. Eq. 1110; Sweet.

1. Does not necessarily mean vertically above: as, in an indictment for playing cards in a room over a saloon. 2 " Over " and " under " are not precisely opposites. A railroad constructed " under " a turnpike means ata lerellower than the turnpike; and the railroad may be said to pass " over " the turnpike when both are at the same level.* 3. A devise over is a devise to one person contingent upon the failure or defeat of a gift to some other person. To endorse over; to make over: to transfer. See also Hold, Over. Overcharge. See Charge, 3 (1). Overdraft. See Draft, 3. Overdue. See Due, 1. Over-insurance. See Insurance. Overplus. See Surplus., Overrule. See Rule, 1. Overseer. See Poor; Wat, Highway.

The words "over" and " under," as applied to the surface, are not precisely opposites. Apersonpasses over a road, if he crosses it on the surface, as well as when he crosses above it, on a bridge; but he cannot be said to pass under it, unless on another surface at a lower level. A statutory power to lower a turnpike road, so as to have a railroad pass over it, includes power to carry the turnpike across the railroad on the same level. Newburyport Turnp. Corp. v. Eastern R. R. Co., 23 Pick. 320; Boston & Maine B. R. Co. v. Mayor, &c. of Lawrence, 2 Allen, 107.