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ancillary

(an-sa-ler-ee), adj. Supplementary; subordinate <ancillary claims>. ancillarity (an-sa-Ia[i] r-a-tee), n.

ancillary administration

(an-sa-ler-ee). An administration that is auxiliary to the administration at the place of the decedent's domicile, such as one in another state . The purpose of this process is to collect assets, to transfer and record changed title to real property located there, and to pay any debts in that locality. Also termed foreign administration. "The object of ancillary administration is to collect assets of nonresident decedents found within the state and remit the proceeds to the domiciliary executor or administrator.... One of the principal purposes of ancillary administration is to protect local creditors of nonresident decedents by collecting and preserving local assets for their benefit." 31 Am. Jur. 2d Executors and Administrators §§ 1057-58, at 686 (2002).

ancillary administration-

See ADMINISTRATION.

ancillary administrator

(an-sa-ler-ee). A courtappointed administrator who oversees the distribution of the part of a decedent's estate located in a jurisdiction other than where the decedent was domiciIed (the place ofthe main administration).

ancillary attachment

See ATTACHMENT (3).

ancillary attachment-

An attachment that results in seizure and holding of property pending a resolution of the plaintiff's claim. Also termed attachment on mesne process. 4. The creation of a security interest in property, occurring when the debtor agrees to the security, receives value from the secured party, and obtains rights in the collateral. DCC § 9-203. Cf. PERFECTION. 5. The act of affixing or connecting; something (as a document) that is affixed or connected to something else.

ancillary bill

See ancillary suit under SUIT.

ancillary claim

See CLAIM (4).

ancillary claim-

A claim that is collateral to, dependent on, or auxiliary to another claim, such as a state-law claim that is sufficiently related to a federal claim to permit federal jurisdiction over it . The concept of ancillary federal jurisdiction is now contained in the supplemental-jurisdiction statute, 28 USCA § 1367. See ancillary jurisdiction and supplemental jurisdiction under TURISDICTION.

ancillary guardianship

See GUARDIANSHIP.

ancillary guardianship-

A subservient and subsidiary guardianship in a state other than that in which guardianship is originally granted.

ancillary jurisdiction

See JURISDICTION.

ancillary jurisdiction

A courts jurisdiction to adjudicate claims and proceedings related to a claim that is properly before the court. For example, if a plaintiff brings a lawsuit in federal court based on a federal question (such as a claim under Title VII), the defendant may assert a counterclaim over which the court would not otherwise have jurisdiction (such as a state-law claim of stealing company property). The concept of ancillary jurisdiction has now been codified, along with the concept of pendent jurisdiction, in the supplemental-jurisdiction statute. 28 USCA § 1367. See supplemental jurisdiction. Cf. pendent jurisdiction.

ancillary legislation

See LEGISLATION.

ancillary letters testamentary

See LETTERS TESTAMENTARY.

ancillary proceeding

See ancillary suit under SUIT.

ancillary process

See ancillary suit under SUIT.

ancillary receiver

See RECEIVER.

ancillary receiver

One who is appointed as a receiver in a particular area to help a foreign receiver collect the assets ofan insolvent corporation or other entity. An ancillary receiver of a corporation or unincorporated association may be appointed (a) by a competent court of a state in which there are assets of the corporation or unincorporated association at the time of the commencement of the action for the appointment of such receiver, or (b) in the case of a corporation, by a competent court of the state of incorporation. The purpose of such an ancillary receivership is to aid the foreign primary receivership in the collection and taking charge of assets of the estate being administered." 66 Am. Jur. 2d Receivers § 436, at 239 (1973).

ancillary receivership

A receivership in which a further administrative proceeding is appointed in another state to help the principal receivership.

ancillary receivership

See RECEIVERSHIP.

ancillary suit

See SUIT.

ancillary suit

(an-sa-ler-ee). An action, either at law or in equity, that grows out of and is auxiliary to another suit and is filed to aid the primary suit, to enforce a prior judgment, or to impeach a prior decree. Also termed ancillary bill; ancillary proceeding; ancillary process.

ancillary to priority

Patents. (Of a legal issue) so logically related to the issue of priority of invention that it cannot be separated from the issue of priority. The question whether an issue is ancillary to priority was once used to challenge the jurisdiction of the U.S. Patent and Trademark Office, but the Board of Patent Appeals and Interferences now has explicit jurisdiction over ancillary issues.

ancillary-administrator

See ADMINISTRATOR (2).

ancipitis usus

See conditional contraband under CONTRABAND.

and his heirs

A term of art formerly required to transfer complete title (a fee simple absolute) to real estate <A conveys Blackacre to B and his heirs>. This phrase originated in the translation of a Law French phrase used in medieval grants (a lui et a ses heritiers pour toujours "to him and his heirs forever"). See FEE SIMPLE. "The development reached its culmination when the words 'and his heirs' in a transfer were thought to give full durational ownership to the immediate transferee and no ownership whatever to his heirs. This notion was expressed in the statement that the words 'and his heirs' are words of limitation and not words of purchase. They indicate the durational character of an estate, not its taker." Thomas F. Bergin & Paul G. Haskell, Preface to Estates in Land and Future Interests 93~94 (2d ed. 1984).

and other good and valuable consideration

See other consideration under CONSIDERATION.

and other good and valuable consideration-

See other consideration.

anders brief

See BRIEF.

Anders brief

Criminal procedure. A brief filed by a court-appointed defense attorney who wants to withdraw from the case on appeal based on a belief that the appeal is frivolous. In an Anders brief, the attorney seeking to withdraw must identify anything in the record that might arguably support the appeal. The court then decides whether the appeal is frivo-lous and whether the attorney should be permitted to withdraw. Anders v. California, 386 U.S. 738, 87 S.Ct. 1396 (1967). Also termed no-merit brief "Anders requires an attorney to assume two somewhat con-tradictory roles when filing a no·merit brief. The first, and most important, role is that of an advocate, Anders makes clear that the first duty of appellate counsel is to study the record and to consult with the defendant to ascertain whether there is anything in the record to support an appeal. Counsel should not consider the case with a view toward finding no merit or of acting as a neutral party, Only if counsel can find no issue of even arguable merit does he change hats and become an amicus curiae." Jonathan M. Purver & Lawrence E. Taylor, Handling Criminal Appeals § 138, at 285 (1980).

androlepsy

(an-dra-Iep-see). [fr. Greek "seizure of men"]. Hist. The taking by one nation of citizens or subjects of another nation either in reprisal or to enforce some claim (as to surrender or punish a fugitive). - Also termed androlepsia (an-dra-Iep-see-a).

anecius

(a-nee-shee-as), n. [Law Latin]. Hist. The eldest; the firstborn; the senior, as contrasted with puisne("the younger").

angaria

(ang-gair-ee-a). [Greek]. 1. ANGARY. 2. Roman law. (ital.) A compulsory service consisting in the transport of goods or persons for the imperial post; a public Pony Express rider. 3. Hist. A service exacted by a lordbeyond what is due. PI. angariae.

angary

(ang-ga-ree). Int'llaw. A country's right, in war or other urgent circumstances, to seize - for temporary use - neutral merchant ships in its inland or territorial waters as well as aircraft within its territory, with full indemnity by the country. - Also termed right of angary; jus angariae; angaria. "In many respects the content and scope of the right of angary remain unclear and there is little evidence of State practice on several controversial questions. In practice, the right has been exercised mainly in wartime. Nevertheless, several writers consider it to be applicable in times of peace and in cases of absolute necessity, such as the evacuation of the population in the event of a national emergency." Rainer Lagoni, "Angary, Right of," in 1 Encvclopedia of Public International Law (1992).

angel

Mergers & acquisitions. An investor who infuses enough cash to close a deal or who comes in at the last minute to save a deal that otherwise would not close.

angel investor

See INVESTOR.

angel investor

A person usu. an experienced and successful entrepreneur, professional, or entity that provides start-up or growth financing to a promising company, often together with advice and contacts. Also termed business angel.

Anglice

(ang-gla-see), adv. [French]. In English. This term formerly appeared in pleadings to Signal an English translation or restatement of a previous Latin word or phrase <panis, Anglice, bread>.

Anglo-American common law

See American common law under COMMON LAW (2).

Anglo-Saxon law

The body of royal decrees and customary laws developed by the Germanic peoples who dominated England from the 5th century to 1066.

anhlote

A Single tribute or tax paid according to custom, such as scot and lot. See SCOT AND LOT.

aniente

(an-ee-ant or an-ee-ent), adj. [Law French]. (Of a law, etc.), having no force or effect; void. Also spelled anient. Also termed aniens.

animal

Any living creature other than a human being. Also termed creature.

Animal and Plant Health Inspection Service

An agency in the U.S. Department of Agriculture responsible for controlling or eliminating pests and plant diseases by regulating the shipment of agricultural products within the United States Established in 1977, some of its functions were transferred to the U.S. Department of Homeland Security in 2003. Abbr. APHIS.

animal ferae naturae

See wild animal under ANIMAL.

animal law

The field oflaw dealing with vertebrates other than humans. The field cuts across many traditional doctrinal areas (e.g., contracts, torts, administrative law) as well as jurisprudence. Topics include wildlife-management law, laws concerning treatment of laboratory animals, and laws relating to companion animals.

animal mansuetae naturae

See domestic animal.

animal mansuetae naturae-

See domesticated animal under ANIMAL.

animalferae naturae

See wild animal.

animo

(an-a-moh). [Latin] See ANIMUS (2).

animo et corpore

(an-a-moh et kor-pa-ree), adv. [Latin]. By the mind and by the body; by the intention and by the physical act of control <possession is acquired animo et corpore>.

animo et facto

(an-a-moh et fak-toh). [Latin]. Hist. By act and intention. "Thus, for example, in acquiring a domicile, mere residence is not suffiCient, if there be not the intention to acquire it, as domicile can only be acquired animo et facto." John Trayner, Trayner's Latin Maxims 21 (4th ed. 1894).

animo felonico

(an-a-moh fa-lon-a-koh), adv. [Latin]. With felonious intent; with the intention to commit a felony.

animus

(an-a-mas). [Latin]. 1. iII will; animosity.

animus contrahentium

(an-a-mas-kon-tra-hen-shee-am). [Latin]. The intention of the contracting parties.

animus adimendi

(an-a-mas ad-i-man-di). [Latin]. The intention to adeem.

animus belligerendi

(an-a-mas be-lij-a-ren-di). [Latin]. The intention to wage war.

animus cancellandi

(an-mas kan-sa-lan-di). [Latin]. The intention to cancel. This phrase usu. refers to a will.

animus capiendi

(an-a-mas kap-ee-an-di). [Latin]. The intention to take or capture.

animus dedicandi

(an-a-mas-ded-a-kan-di). [Latin]. The intention to donate or dedicate.

animus defamandi

(an-a-mas-def-a-man-di). [Latin]. The intention to defame.

animus derelinquendi

(an-a-mas-dee-rel-ing-kwen-di). [Latin]. The intention to abandon.

animus deserendi

(an-a-mas-des-a-ren-di). [Latin]. The intention to desert (usu. a spouse, child, etc.).

animus differendi

(an-a-mas-dif-a-ran-di). [Latin]. The intention to obtain a delay. The phrase animo differendi ("with the intention to obtain a delay") appeared in reference to a presumption that certain actions ofa defendant were designed to obtain a delay.

animus domini

(an-a-mas dom-a-ni). [Latin]. Roman law. The intent to exercise dominion over a thing; the intent to own something. Cf. animus possidendi. "All possession has two elements, a physical and a mental, which the Romans distinguish as corpus and animus. The first is the physical relation of the possessor to the object. The second is his sense of that relation. If he is minded to deal with the thing as his own (animus domini - animus sibi habendi), no matter whether rightfully or wrongfully, he possesses in the fullest sense." R.W. Lee, The Elements of Roman Law 179-80 (4th ed. 1956).

animus donandi

(an-a-moh doh-nan-di). [Latin]. The intention of donating; the intention to give.

animus et factum

(an-a-mas et fak-tam). [Latin "mind and deed"]. The intention and the deed. This phrase can refer to a person's intent to reside in a given country permanently or for an indefinite period.

animus felonicus

(an-a-mas fe-loh-ni-kas). [Latin]. The intention to commit a felony.

animus furandi

(an-a-mas fyuu-ran-di). [Latin]. The intention to steal. In Roman law, the focus was on the unauthorized use of property rather than an intent to permanently deprive the owner of it. "[An] intent to deprive the owner of his property permanently, or an intent to deal with another's property unlawfully in such a manner as to create an obviously unreasonable risk of permanent deprivation, [is] all that is required to constitute the animus furandi-or intent to steal." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 332-33 (3d ed. 1982).

animus gerendi

(an-a-mas ja-ran-di). [Latin]. The intention to act as heir

animus immiscendi et adeundi hereditatem

(an-a-mas im-i-san-di et ad-ee-an-di ha-red-i-tay-tam). [Latin]. The intention to meddle with and take up a succession.

animus indorsandi

(an-a-moh in-dor-san-di). [Law Latin]. Hist. The intention of indorsing. One who indorsed a check animo indorsandi would be liable for the amount if the check was dishonored.

animus injuriandi

(an-a-mas in-j(y)oor-ee-an-di). [Latin] The intention to injure, esp. to insult.

animus lucrandi

(an-a-mas loo-kran-di). [Latin]. The intention to make a gain or profit.

animus malus

(an-a-mas mal-as). [Latin]. Evil intent.

animus manendi

(an-a-mas ma-nen-di). [Latin "will to remain"]. The intention to remain; the intention to establish a permanent residence. Also termed animus remandendi.

animus morandi

(an-a-mas ma-ren-di). [Latin "will to tarry"]. The intention to remain . Although animus morandi is broadly synonymous with animus manendi, morandi suggests less permanency.

animus nocendi

(an-a-mas noh san-di). [Latin]. The intention to harm.

animus obligandi

(an-a-mas ahb-li-gan-di). [Latin]. The intention to enter into an obligation.

animus occidendi

(an-a-mas ahk-si-den-di). [Latin]. The intention to kill.

animus possidendi

(an-a-mas pah-sa-den-di). [Latin]. Roman law. The intent to possess a thing. Cf. animus domini.

animus quo

(an-a-mas kwoh). [Latin]. The intent with which; motive.

animus recipiendi

(an-a-mas ri-sip-ee-en-di). [Latin]. The intention to receive.

animus recuperandi

(an-a-mas ri-k[y]oo-pa-ran-di). [Latin]. The intention to recover.

animus remanendi

(an-a-mas rem-a-nen-di). [Latin]. See animus manendi.

animus republicandi

(an-a-mas ree-pub-Ia-kan-di). [Latin]. The intention to republish.

animus restituendi

(an-a-mas ra-sti-tyoo-en-di). [Latin]. The intention to restore.

animus revertendi

(an-a-mas ree-var-ten-di). [Latin] The intention to return (to a place). In Roman law, this intent was a factor to deciding whether animals, such as doves and bees, remained in a person's ownership.

animus revocandi

(an-a-mas rev-oh-kan-di). [Latin] The intention to revoke (a will) <her destruction of the will indicated that she had animus revocandi>.

animus signandi

(an-a-mas sig-nan-di). [Latin]. The intention to sign.

animus testandi

(an-a-mas tes-tan-di). [Latin]. Testamentary intention.

animus ulciscendi

(an-a-mds al-si-sen-di). [Latin]. The intention to take revenge.

ann us deliberandi

(an-as da-lib-a-ran-di). [Latin "the year for deliberating"]. Scots law. The year during which an heir could determine whether to enter an inheritance and represent an ancestor. The period was later shortened to six months. See DAMNOSA AUT LUCROSA. ''The entry of an heir infers serious responsibilities, and therefore the year is allowed for consideration. The annus deliberandi commences on the death of the ancestor, unless in the case of a posthumous heir, in which case the year runs from the heir's birth." William Bell, Bell's Dictionaryand Digest of the Law of Scotland 47 (George Watson ed., 7th ed. 1890).

ann, jour, et wast

(an, zhoor, ay wayst). [Law French]. See YEAR, DAY, AND WASTE.

anna ante christum natum

(an-oh an-tee kris-tam nay-tam), adv. [Latin]. In the year before the birth of Christ. Abbr. A.A.C.N.

annapolis

See UNITED STATES NAVAL ACADEMY.

annates

(an-ayts or an-its), n. [fr. Law Latin annata]. See FIRST FRUITS (2).

annats

(an-ats). See FIRST FRUITS (2).

annex

Something that is attached, such as a document to a report or an addition to a building.

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