destinatio

1 definition found

destinatio - Bouvier's Law Dictionary, Revised 6th Ed (1856) :

  DESTINATION. The application which the testator directs shall be made of the 
  legacy he gives; for example, when a testator gives to a hospital a sum of 
  money, to be applied in erecting buildings, he is said to give a destination 
  to the legacy. Destination also signifies the intended application of a 
  thing. Mill stones, for example, taken out of a mill to be picked, and to be 
  returned, have a destination, and are considered as real estate, although 
  detached from the freehold. Heir looms, (q.v.) although personal chattels, 
  are, by their destination, considered real estate and money agreed or 
  directed to be laid out in land, is treated as real property. Newl. on 
  Contr. ch. 8; Fonbl. Eq. B. 1, c. 6, Sec. 9; 3 Wheat. R. 577; 2 Bell's Com. 
  2; Ersk. Inst. 2 Sec. 14. Vide Mill. 
       2. When the owner of two adjoining houses uses, during his life, the 
  property in such a manner as to make one property subject to the other, and 
  devises one property to one person, and the other to another, this is said 
  not to be an easement or servitude, but a destination by the former owner. 
  Lois des Bat. partie 1, c. 4, art. 3, Sec. 3; 5 Har. & John. 82. See 
  Dedication.