Public-domain · open source
OpenJurist

Survive

Defined in 3 dictionaries — Cyclopedic (1922), Kinney (1893), Abbott (1879)

The Cyclopedic Law Dictionary

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

Ordinarily means to live longer than some other individual, but it may mean to continue to live beyond a specified period, event or condition. 220 Ill. 511. It imports that the person who is to survive must be living at the death of the person whom, or at the happening of the event which, he is to survive. To outlive. "To live after" is somewhat ambiguous. See SURVIVOR. One who survives another; one who outlives another; one of two or more persons who lives after the other or others have deceased; the longest liver of two or more joint tenants, or of any two or more persons who have a joint interest in anything. See 2 Bl. Comm. 183, 184. One or more of certain individuals named or referred to, who are living when any other or others of them happen to die. See 1 Cush. (Mass.) 118; 11 Grat. (Va.) 67. This is the natural and proper meaning of the term, which is usually given to it by the courts, in the construction of wills. 2 Jarm. Wills, 609-616 (435-439, Perkins' Ed. 1849). In some cases, however, "survivor" has been construed to mean "other," where it has appeared necessary in order to give effect to the apparent intention of the testator. See Id. 616-619 (440-442, Perkins' Ed.); 2 Williams, Ex'rs, 1256. See "Survive."

A Law Dictionary and Glossary

George C. Kinney · 1893

To outlive; to live beyond another person, or a particular event

Dictionary of Terms and Phrases Used in American or English Jurisprudence

Benjamin Vaughan Abbott · 1879

To live beyond; particularly to live beyond another person. Survivor: one who lives after death of another towards whom he stands related. Survivorship: the living of one/ of two related persons beyond the other; also, the right arising from such living ' beyond. j One of the incidents of joint estates is what is termed the doctrine of survivor- / ship, by which, when two or more persons are seised of a joint estate of inheritance for their own lives, or pur autre He, or are jointly possessed of a chattel interest, the entire tenancy upon the decease of any of them remains to the survivors, and at length to the last survivor; and he shall be entitled to the whole estate, whatever it be, whether an inheritance or a common freehold only, or even a less estate. This incident does not attach to estates held by tenancy in common; but in the case of these latter tenancies it is not unusual to insert a clause of survivorship, or accrual, as it is called. There is this difference between the accrual in joint tenancies which is implied by law, and the accrual in common tenancies which is expressed in the words of the deed, that whereas the former takes place repeatedly, as often as the event arises, the latter is confined to the original shares only of the tenants, and does not extend also to the shares accrued by the accrual, it being a maxim of law as to the express clause that (in the absence of express words) there is "no survivorship upon survivorship." (Pain v, Benson, 3 Atk. 80.) Brown. Suspendatur per collum. Let him be hanged by the neck. The form of entering judgment against a prisoner sentenced to be Hanged, formerly in use in English practice. It was usually abbreviated to sus. per coll.