Law · Legal Information · Justice
 

Moiety

Half of something. For example, it can be said that joint tenants hold a moiety in property.

Half of something.

For example, it can be said that joint tenants hold a moiety in property.

In old criminal law, there were "moiety acts" which allowed half of the fine money to be handed over to the informer.

In one estate case (Jordan), the court suggested that a moiety may mean not a half share but an equal share. The relevant will provided:

"... the money realized from the sale I give and bequeath in equal moieties to my son William Sharp and three daughters...."

The Ontario judge quoted from the British case Morrow:

"Although the proper meaning of the word moiety is a half-part, it is here, in my opinion, used by the testator in the sense of an equal part or share.... I find one of its meanings given as a part or share, as distinguished from a half-part."

REFERENCES:

  • Jordan v Frogley 5 OWR 704 (1904, Ontario)
  • Morrow v. McConville, L. R. 11 Ir. Ch. 236

Are we missing anything? If you think there is a term that should be included, please send us the suggestion

  • Dictionary
  • Resources
  • LawMag

Latest LagMag headlines:

H1N1 Law - Swine Law for a Swine Flu

In a state of public health law anarchy, professional hockey players receive a killer flu vaccine while infants and pregnant women wait.

The Death of the Common Law: Expiry date, 2100

Just about now, but for the economic might of the United States of America, the last funeral bell tolls of the common law would be fading.

Gretzky Law

The recent Phoenix Coyotes debacle, in which he left behind his job, is not the only time Wayne Gretzky has had to leave from the side exit of a courtroom.


Read earlier headlines »
Subscribe to stay in touch »

Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

top