Abatement of Freehold Black's Law Dictionary: 2nd Edition Definition: This takes place where a person dies seised of an

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Customer: Abatement of Freehold
Black's Law Dictionary: 2nd Edition
Definition:
This takes place where a person dies seised of an inheritance, and, before the heir or devisee enters, a stranger, having no right, makes a wrongful entry, and gets possession of it. Such an entry is technically called an "abatement," and the stranger an "abator." It is, in fact, a figurative expression, denoting that the rightful possession or freehold of the heir or devisee is overthrown by the unlawful intervention of a stranger. Abatement differs from intrusion, in that it is always to the prejudice of the heir or immediate devisee, whereas the latter is to the prejudice of the reversioner or remainder-man; and disseisin differs from them both, for to disseise is to put forcibly or fraudulently a person seised of the freehold out of possession. 1 Co.. Inst 277a; 3 Bl. Comin. 166; Brown v. Burdick,***** 268. By the ancient laws of Normandy, this term was used to signify the act of one who, having an apparent right of possession to an estate, took possession of it immediately after the dcath of the actual possessor, before the heir entered. (Howard, Anciennes Lois des Franqais, tome 1, p. 539.) Bouvier.
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Answered by Chris The Lawyer in 1 hour 2 years ago
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I am a New Zealand lawyer based in Wellington and will help with your question today. Please give me a few minutes to read your question
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That is interesting but not the law of New Zealand. It is a description of how feudal title could be affected but the Torrens system of land registration under the Land Transfer Act would be very different
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1.Bouviers Online Law Dictionary WILL, criminal law. The power of the mind which directs the actions of a man. 2. In criminal law it is necessary that there should be an act of the will to commit a crime, for unless the act is wilful it is no offence. 3. It is the consent of the will which renders human actions commendable or culpable, and where there is no win there can be no transgression. 4. The defect or want of will may be classed as follows: 1. Natural, as that of infancy. 2. Accidental; namely, 1st. Dementia. 2d. Casualty or chance. 3d. Ignorance.
(q. v.) 3. Civil: namely, I st. Civil subjection. 2d. Compulsion. 3d. Necessity. 4th. Well-grounded fear. Hale's P.C.c.2 Hawk. P. C. book 1.c.
WILL or TESTAMENT. The legal declaration of a man's intentions of what he wills to be performed after his death. Co. Litt. 111; Swinb. P. 1, s. II. 1; Shep. Touch. 398; Bac. Abr. Wills, A. 2. The terms will and testament are synonymous, and they are used indifferently by common lawyers, or one for the other. Swinb.p.1.8.1.S: Bac. Ab. Wills. A. Civilians use the term testament only. See Testament.
TESTAMENT, civil law. The appointment of an executor or testamentary heir, according to the formalities prescribed by law. Domat. Liv. 1. tit. 1.s. I.Will The expression of a living persons wishes concerning the disposition of property, to take effect after that person's death, such expression being made in the manner prescribed by law The Wills Act 2007. s11 provides that a will must be in writing signed by the will maker or by another at the will maker's direction in the will makers presence, in the presence of two witnesses who must be present when the will-makar signs or acknowledges that another signed at the will-makers direction and they must as attest and sign the will in the will-makers presence. A military or seagoing person of any age may make an informal will containing any provision that may lawfully be contained in a valid will (s34 (1) ). See laws of New Zealand Wills.
Will-maker A person who expresses his or her wishes concerning the disposition of property after his or her death. The Wills Act 2007, só provides that the will-maker means a person who makes, changes, revokes or rives a will; and is the equivalent of a testator and testatrix.
*revive Return to life: recover life or strength Revive can mean to re-execute a will, part of a will or codicil that has earlier been revoked by the will-maker other than by destruction, or to make and execute a codicil to the revoked will according to proper formalities to revive the terms of the revoked will See the Wills Act 2007.s17.Wills Act 1837
Interpretation
The words and expressions hereinafter mentioned, which in their ordinary signification have a more confined or a different meaning, shall in this Act, except where the nature of the provision or the context of the Act shall exclude such construction, be interpreted as follows: (that is to say). The word will shall extend to a testament, and to a codicil, and to an appointment by will or by writing in the nature of a will in exercise of a power, and also to a disposition by will and testament or devise of the custody and tuition of any child, by virtue of the Tenures Abolition Act 1660, or by virtue of an Act passed in the Parliament of Ireland in the fourteenth and fifteenth years of the reign of King Charles the Second, intituled An Act for taking away the Court of Wards and Liveries, and tenures in capite and by knight's services and to any other testamentary disposition, and The words real estate shall extend to manors, advowsons, messuages, land, tithes, remis, and hereditaments, whether freehold, customary freehold, tenant right, customary or copyhold, or of any other tenure, and whether corporeal, incorporeal, or personal, and to any undivided share thereof, and to any estate, right, or interest (other than a chattel interest) therein, and The words personal estate shall extend to leasehold estates and other chattels real, and also to monies, share of government and other funds, securities for money (not being real estates-abator) debts, choses in action. rights, credits, goods, and all other property whatsoever which by law devolves upon the executor or administrator, and to any share or interest therein; and Every word importing the singular number only shall extend and be applied to several persons or things as well as one person or thing; and Every word importing the masculine gender only shall extend and be applied to a female as well as a male.Administration Act 1969
13 Executor of executor represents original testator
An executor of a sole or last surviving executor of a testator shall be the executor of that testator: provided that for the purposes of the foregoing provisions of this subsection a person who does not prove the will of his or her testator shall be deemed not to be an executor notwithstanding his or her appointment as such by the will, and in the case of an exe
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Chris The Lawyer, Expert

I don’t know what you need answered from all this
Customer
Michael Peti <*****@******.***>Thu, Dec 26, 2:31 PM (2 days ago)to JustAnswerAbatement of freehold
Ballentine's Law Dictionary
Definition:
Wrongful entry and taking possession of real property by a stranger, before the heir or devisee has entered. See***** 260.
Abatement of Freehold
Black's Law Dictionary: 2nd Edition
Definition:
This takes place where a person dies seised of an inheritance, and, before the heir or devisee enters, a stranger, having no right, makes a wrongful entry, and gets possession of it. Such an entry is technically called an "abatement," and the stranger an "abator." It is, in fact, a figurative expression, denoting that the rightful possession or freehold of the heir or devisee is overthrown by the unlawful intervention of a stranger. Abatement differs from intrusion, in that it is always to the prejudice of the heir or immediate devisee, whereas the latter is to the prejudice of the reversioner or remainder-man; and disseisin differs from them both, for to disseise is to put forcibly or fraudulently a person seised of the freehold out of possession. 1 Co.. Inst 277a; 3 Bl. Comin. 166; Brown v. Burdick,***** 268. By the ancient laws of Normandy, this term was used to signify the act of one who, having an apparent right of possession to an estate, took possession of it immediately after the dcath of the actual possessor, before the heir entered. (Howard, Anciennes Lois des Franqais, tome 1, p. 539.) Bouvier.
SEIEIN FEDRAL LAW LAND SEISED 1874 CERTIFICATE OF TITLE DEATH CERTIFICATE 1879
Certificate of title Waste Land Act 1874 Province Auckland
ss 24, 27, 65, 66
New [New Zealand Arms] Zealand
Reference
Vol [16], folio 226
Transfer No:1138Certificate of title under Land Transfer Act
This certificate, dated the 2nd day of one thousand nine hundred and SIXTYFIVE [ Grant under the Auckland Waste Land Act1874 ], under the hand and seal of the District Land Registrar of
the Land Registration District of [NORTH AUCKLAND], witnesseth that [***** *****,***** *****,***** *****,***** *****,JOSEPH HARRIS,LIZZIE HARRIS,***** *****,ANNIE HARRIS,CHARLOTTE HARRIS,LYRIA HARRIS,and ***** ***** ] are seised of an estate
in fee simple, (subject to such reservations, restrictions, encumbrances, liens, and
interests as are notified by memorial underwritten or endorsed hereon) subject also to
any existing right of the Crown to take and lay off roads under the provisions of any
Act of the Parliament of New Zealand, in the land hereinafter described, delineated with bold black lines on the plan hereon be the several admeasurements a
little more or less, that is to say: All that parcel of land containing [56 acres 1 rod 21 perches more or less being allotment 1 parish MOTUKARAKA ].
[Seal]
District Land Registrar.
Schedule 1 form 2: amended, on 1 January 1987, pursuant to section 29(2) of the Constitution Act
1986 (1986 No 114).
Reprinted as at
1 January 2018 Land Transfer Act 1952 Schedule (1)147New Zealand Legislation
title
content
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legal estate in any land shall not pass by a covenant to stand seised, or by any contract for the sale and purchase of land, or by livery of seisin. Compare: 1908 No 152 s 42 (Title search in All)
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Application by Public Trustee re Te Omeka Manunui
1993 CJ MB 516, 23 September 1993, McHugh Deputy CJ
Whether land of an intestate was General land or Maori freehold land at the time of death. If the land was Maori freehold land on intestacy the widow had a life interest only with the children taking the remainder. Confusion had arisen because of a sale to Europeans registered against the certificate of title, thrown into doubt by a subsequent retransfer and later Court orders as to status.
Held; that upon registration of a transfer to a European Maori freehold land becomes General land. No further order is necessary. Earlier orders made on the assumption the land was Maori freehold land should therefore be cancelled under s452. Principle of ex abundante cautela applied; the children of the deceased who held the remainder under the orders made in error were to be given an opportunity to lodge objections before final correcting orders made.
Rangi Kaata or Cotter Deceased
135 Gisborne MB, 28 October 1993, McHugh Deputy CJ
Dispute over succession. Held; that despite the kaupapa of the 1993 Act that succession be res
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Chris The Lawyer, Expert

I am still unsure what you need

Customer
This was done in NZ so what I want is my rights as the heir to my estate allodial seisin federal law 1837 certificate title and compensation
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Chris The Lawyer, Expert

Under New Zealand law succession depends on descent from the person. This is affected by any wills or rights of succession under the Administration Act. So to show rights as the heir you need to show the line of ancestry and how the land has been passed down through the ancestors
Customer
Thanks, ***** ***** a five stars, Michael Peti I have all that information marriages death certificate land titles and more so thanks got to look for funding to support my claims as a natural person civil law and a private person sui juris and a native of this land and as a sovereign citizen of the state of New Zealand
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Chris The Lawyer, Expert

Proving the line of descent by your whakapapa is the key. Is this land Maori land or general land? Who is on the title now?
Customer
it is both one is fee simple ***** ***** certificate of title code of arms Essex England the other is Maori freehold owned by the 10 descendants who are the children of ***** ***** claim province of Auckland 12. Signatories to the PATRICK AND MARIA Whanau Trust. Representatives who have direct lineal descend akin, next of kin bloodline of noble descendants (ii) of each whanau grouping with Issue and, whose whanau grouping has signed the Consent of Inclusion in.
SIGNATORIES TO PATRICK AND MARIA WHANAU TRUST DEED.
Name of Trustee Public Trust
Address Whanau Email or cell***@******.***
Phone(###) ###-####do not ring text who have taken over my trustDirect descendants of WERAMU HEKE AKA HONE HEKE NUI AKA HONE HEKE BROTHERS TUHIRANGI HONE NGAPUA AND PIEA 1835 signing of Declaration of Independence and the civil codes of the Magna Carta Direct descendants ***** ***** AND NGAHUIA NEE HARRIS ESTATE:
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Chris The Lawyer, Expert

Is the land currently in the name of the Public Trust?
Customer
Sorry title is in ***** ***** died 1879
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Chris The Lawyer, Expert

Has nothing been registered to show his heirs and successors? Have you looked at the title on Landonline?
Customer
i have the certificate of title
Customer
there is no point in answering any more question unless I can get funding to proceed because you need to be paid I need to get my inheritance my wai number 1055 I have been prejudice affected by identity theft I have asked for my unique identifier under 12(3) which will take me my cestue que trust 1666 I can go on but unless you know where I can get funding asap there no point thanks kind regards Michael
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Chris The Lawyer, Expert

Normally a Waitangi Tribunal claim doesn’t qualify for legal aid
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