ALL - The Law Mind Legal Dictionary

ALLAuthored

The Law Mind • 1094 words

Definition

"All" is a word of constant occurrence in legal instruments — deeds, wills, statutes, and contracts — whose precise meaning is determined by context rather than fixed rule. Courts have consistently held that "all" functions in two distinct registers:

1. Collectively: The entire aggregate of a group, sum, or class, taken as a whole. ("All the property of the estate.")

2. Distributively: The equivalent of "each" or "every one," applied to each member of a class individually. ("All creditors shall receive notice.")

Which sense governs in any given instrument is a question of construction, resolved by the demands of sound reason in context. The same word in the same document can carry both senses in different provisions.

Common Language

Modern common usage (Wiktionary): "Wholly; entirely; completely; totally." Also "apiece; each."

Historical common usage (Webster's 1913): "The whole quantity, extent, duration, amount, quality, or degree of; the whole; the whole number of; any whatever; every."

The common meaning of "all" tracks its legal meaning closely — both allow the collective and distributive senses. The legal gap arises not from a difference in definition but from the consequences of choosing the wrong sense when construing an instrument. In ordinary speech, context resolves the ambiguity automatically. In legal instruments, the choice between collective and distributive meaning can determine who takes under a will, which parties are bound by a statute, or whether a conveyance passes the whole or parts of an estate. The interpretive work that ordinary speakers perform unconsciously becomes the subject of litigation.

Common Confusion

"All" is frequently treated as a universal term of absolute comprehensiveness, but courts across multiple jurisdictions have held it to be a general rather than a universal term. It can be qualified, limited by context, or read to mean "each" rather than "the whole." Researchers should not assume that "all" in a historical instrument or statute sweeps without exception. The word has also been carelessly used in written instruments, as Burrill notes — creating interpretive problems that generated substantial case law, particularly in the construction of wills.

Recognized Forms

/SUBTYPES

All and singular (sometimes abbreviated "all and lar."): A comprehensive phrase frequently employed in conveyances and wills, designed to capture both the aggregate whole and each separate item within it. The phrase addresses the collective/distributive ambiguity directly by invoking both readings simultaneously. It is a standard term of art in property conveyancing and appears consistently in older deed forms.

Why It Matters in Research

This is a term to approach with interpretive caution in historical sources. The word appears so frequently and with such apparent simplicity that researchers may pass over it without recognizing that courts devoted considerable attention to its construction — particularly in wills and deeds from the eighteenth and nineteenth centuries.

Several research traps deserve attention:

First, the collective/distributive ambiguity is not resolved the same way across time or jurisdiction. A will from 1790 saying "I give all my property" may have been construed collectively (the residuary estate as a whole) or distributively (each item enumerated), depending on surrounding language and the testator's evident intent. Do not assume uniform treatment.

Second, in statutory construction, "all" has been read both expansively and narrowly by courts depending on the legislature's evident purpose. Cases from Pennsylvania, Georgia, Ohio, and Arkansas construing statutory uses of "all" reached different results based on contextual factors. A statute using "all persons" may or may not reach a specific class — the word does not resolve the question.

Third, in class gift analysis — particularly under the Rule Against Perpetuities — the all-or-nothing rule makes the scope of "all" in a gift to a class determinative. Whether "all" is read to close the class at a particular moment, or to remain open to after-born members, directly affects vesting and validity. The Law Mind Trusts, Estates & Probate Encyclopedia entry on class gifts addresses this dimension in detail.

Fourth, the phrase "all and singular" in historical deeds signals a deliberate effort to avoid the collective/distributive ambiguity. When you encounter this phrase in a conveyance, the drafter was attempting to capture both senses at once. Its absence in an otherwise similar deed may be significant.

Historical Dictionary Support

The historical dictionaries agree that "all" resists a single fixed meaning and must be construed in context. Bouvier states plainly that it is "a general rather than a universal term, to be understood in one sense or the other according to the demands of sound reason." Black's (2nd Ed.) echoes this with the collective/distributive framework, citing Massachusetts and Maine authority. Anderson cross-references "every" and "omnis" as interpretive comparators — useful guides when researching the Latin equivalents in older legal materials.

Burrill is notable for flagging that "all" was "often carelessly used in written instruments," which is an honest observation about the source of the interpretive difficulty. The courts did not create a problem where none existed; drafters routinely failed to signal which sense they intended, leaving construction to the courts.

Rapalje & Lawrence provides the most useful case-clustering, organizing authority by instrument type — crimes act, deed, statute, and will — signaling that the construction of "all" varied by the type of instrument in which it appeared. This is a valuable organizational insight for corpus researchers: do not assume that judicial treatment of "all" in a statutory context translates to its treatment in a will.

What the historical dictionaries do not address is the Rule Against Perpetuities dimension of "all" in class gifts — a development that required later doctrinal elaboration outside the scope of these reference works.

Jurisdictional Note

While the collective/distributive framework is consistent across American jurisdictions, the specific rules governing class-closing under "all" in will and trust instruments vary. Some jurisdictions apply the rule of convenience to close a class at the earliest moment a member can take; others allow the class to remain open longer. Researchers working with class gifts across jurisdictions should not assume uniform results even when the instrument language is identical.

Encyclopedia Cross-Reference

Class Gifts and the Rule Against Perpetuities — The All-or-Nothing Rule and Subclass Exceptions (The Law Mind Trusts, Estates & Probate Encyclopedia)

ALLmain

Bouvier's Law Dictionary • 1928

Completely, wholly, the whole amount, quantity or number. It is frequently used in the sense of "each" or "every one of;" 143 Mass. 442; 144 id. 100; and is a general rather than a universal term, to be understood in one sense or the other according to the demands of sound reason; 18 Pa. 391; 9 Ves. Jr. 137. May mean "each" or "every one." Anderson; 143 Mass. 442. In the acts of leilatures, as in common parlance, "all," being a general rather than a universal term, is to be understood in one sense or the other according to the demands of sound reason. Id., 18 Pa. 391. (a.) The whole, extent, duration, quality, or degree of; the whole; any whatever; every. (adv.) Wholly; completely; altogether; entirely; quite; very. Webster. The word "any" in a will giving executors power to convert real property into money, means "all." 110 S. W. 835. The word "all" in a will, imports, accord- ing to any consistent construction, all those among whom the advancements mentioned were to be equalized. 3 Ky. Opin. 377. Back Pay and Emoluments. "All back pay and emoluments" as used in an act of Congress includes forage, rations, and pay for servants to which the officer would have been entitled under the statutes had he remained in the army, and in adjust- ing under the statute those items should not have been excluded because the officer was not actually in service of the United States. 226 U. S. 374. Bills or Notes. The words "all bills or notes" in the charter of a bank include bills of exchange. 2 Litt. 389. Land, of My. "All of my land" is a description by necessary implication and common understanding, referring to such lands as I may own, evidenced by the public records where land titles are required to be recorded, or to my actual and continuous possession for such time as under the low constitutes a title. 114 Ky. 855, 72 S. W. 38, 24 R. 1641. Legatees. In a will providing that all the legatees must accept the legacies in full satisfaction of all claims against his estate, the term "all legatees" means each of them. 142 Ky. 472, 134 S. W. 906. Persons Interested. The words those having an interest in it, and, "all persons inter- ested" in the property who have not united in the petition shall be summoned to answer, etc., refer to persons owning an interest in the land under the same title, and are the only persons necessary to be made parties to such an action. 93 S. W. 1061. Proper Relief. Under a prayer for "all proper relief," the court is warranted in fixing the equities as shown by the pleadings and proof. 161 Ky. 374, 170 S. W. 986. Real and Personal Estate of Every Description, Other. A deed of assignment which named specifically certain property, real and personal, as being transferred, and ended with the words, "also all other real and personal estate of every description," was sufficient to pass a contingent remainder. 114 Ky. 540, 71 S. W. 509. Rest and Residue-In Will. "All the rest and residue" means what remains for distribution, according to law, that is, what is left after payment of debts. 2 J. J. Marsh. (Ky.) 201.

ALLmain

Rapalje & Lawrence • 1888

(47) ALL, (in crimes act). 3 Harr. (N. J.) 311, 324. (in a deed an equivocal expression). 2 Wall. Jr. (U. S.) 97. (in a statute). 15 Ga. 518; 18 Pa. St. 388; 11 Ohio St. 252; 27 Ark. 564. (I give, in a will). 2 Atk. 113; 6 Barn. & C. 512; 1 Comyn 168; 4 Com. Dig. 154 (g); 1 Lev. 130; Love. Wills 153; 4 Mod. 141; 1 Vern. 340.

ALLmain

Burrill's Law Dictionary • 1867

(84) vers. 1 Bl. Com. 441. Cowell. Estovers. See to be in possession is another thing. Hob. 163. Bruct. fol. 206. [Lat. omnis, totus.] A word of constant occurrence in deeds, wills and other instruments, and which, especially in wills, has been made the subject of repeated construction by the courts. 1 Vernon, 3, 340. 3 P. Wms. 56. 1 Harr. & McH. 301. Often carelessly used in written. instruments, and requiring to be qualified and limited to the subject matter. Georgia R. 518. See the examples infra. "All my estate," in a will, has been held to carry a fee. 6 Mod. 106, 110. 8 Vesey, Jr. 604. Shaw, C. J. 6 Metcalf's R. 325, citing 18 Pick. R. 537; 4 Kent's Com. 535. The words "all his estate," will pass everything a man has; but if the word "all" is coupled with the word "personal," or a local description, then the gift will pass only personalty, or the specific estate particularly described. Lord Mansfield, C. J. Cowp. 299, 306. The question whether the words "all my estate and effects" will include a real estate or not, depends, first, upon the immediate context of the will; secondly, upon the general form and scheme of the will, as demonstrating the intention. Lord Eldon, C. 9 Vesey, Jr. 137, 142. "All my estate whatsoever," in a will, comprehends all that the devisor has, real or personal. Com. 337. "All my estate, real and personal, whatsoever," carries a fee, although immediatefollowed by words descriptive of local situation; as, "that is to say, my land, houses, and all the other buildings situate (85) 64. at S." 7 Taunt. 35, citing 8 Term R. matter, e. g. confined to all business necessary for the receipt of money. 9 Bing. 608. 1 Taunt. 356. 8 Wendell's R. 498. The largest powers must be construed with reference to the subject matter. Id. ibid. "All the estate, both real and personal," to which the grantor is "entitled, in law or equity, in possession, remainder or reversion," passes the grantor's whole estate. 3 Grattan's R. 518. All my personal estate," in a will, was held to be confined to such part only as should not be otherwise disposed of. 9 Mod. 93. "All my temporal estate," construed. P. Wms. 295. "All my property, both personal and real, forever," passes a fee. 11 East, 518. "All and every my property," is as comprehensive as "all I am worth." Lord Ellenborough, 14 East, 370. See infra. A devise of "all my property," certain described portions excepted, is a general devise. 4 Maryland Ch. Dec. 484. "All my property of every description," in a will, passes not only tangible property, but moneys, stocks, bonds and choses in action. 2 Jones' Eq. R. 75. In (86) mentary pleading. 1 Bro. Civ. Law, 471, 473. 3 Bl. Com. 100. A species of pleading, used generally in propounding or contesting a will, claiming (87) ALLOIGNER, Alligner, Alloyner, Alyenote the concession of a point by a court they constituted the whole of his gain or on argument; though the term concesbooty. Stephen's Lect. 51. sum (q. v.) is more frequently employed for this purpose. Sed non allocatur, (but ner. L. Fr. To remove to a distance; to it is not allowed,) is a common expression. carry away; to put off or delay; to eloign. Kelham. Avoit alloign' les av's; had eloigned the beasts. Yearb. M. 8 Edw.

ALLa.

Websters Unabridged Dictionary (1913) • 1913

The whole quantity, extent, duration, amount, quality, or degree of; the whole; the whole number of; any whatever; every; as, all the wheat; all the land; all the year; all the strength; all happiness; all abundance; loss of all power; beyond all doubt; you will see us all (or all of us). Prove all things: hold fast that which is good. 1 Thess. v. 21. Any. [Obs.] "Without all remedy." Shak. Only; alone; nothing but. I was born to speak all mirth and no matter. Shak. All the whole, the whole (emphatically). [Obs.] "All the whole army." Shak.

ALLadv.

Websters Unabridged Dictionary (1913) • 1913

Wholly; completely; altogether; entirely; quite; very; as, all bedewed; my friend is all for amusement. "And cheeks all pale." Byron. Even; just. (Often a mere intensive adjunct.) [Obs. or Poet.] All as his straying flock he fed. Spenser. A damsel lay deploring All on a rock reclined. Gay. All to, or All-to. In such phrases as "all to rent," "all to break," "all-to frozen," etc., which are of frequent occurrence in our old authors, the all and the to have commonly been regarded as forming a compound adverb, equivalent in meaning to entirely, completely, altogether. But the sense of entireness lies wholly in the word all (as it does in "all forlorn," and similar expressions), and the to properly belongs to the following word, being a kind of intensive prefix (orig. meaning asunder and answering to the LG. ter-, HG. zer- ). It is frequently to be met with in old books, used without the all. Thus Wyclif says, "The vail of the temple was to rent:" and of Judas, "He was hanged and to-burst the middle:" i. e., burst in two, or asunder.  -- All along. See under Along.  -- All and some, individually and collectively, one and all. [Obs.] "Displeased all and some." Fairfax.  -- All but. (a) Scarcely; not even. [Obs.] Shak. (b) Almost; nearly. "The fine arts were all but proscribed." Macaulay.  -- All hollow, entirely, completely; as, to beat any one all hollow. [Low] -- All one, the same thing in effect; that is, wholly the same thing.  -- All over, over the whole extent; thoroughly; wholly; as, she is her mother all over. [Colloq.] -- All the better, wholly the better; that is, better by the whole difference.  -- All the same, nevertheless. "There they [certain phenomena] remain rooted all the same, whether we recognize them or not." J. C. Shairp. "But Rugby is a very nice place all the same." T. Arnold.  -- See also under All, n.

ALLn.

Websters Unabridged Dictionary (1913) • 1913

The whole number, quantity, or amount; the entire thing; everything included or concerned; the aggregate; the whole; totality; everything or every person; as, our all is at stake. Death, as the Psalmist saith, is certain to all. Shak. All that thou seest is mine. Gen. xxxi. 43.

alladv

Wiktionary (English) • 2026

Wiktionary contributors • CC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.

Wholly; entirely; completely; totally. | Apiece; each. | So much; used with "the" and a comparative. | Even; just. | A quotative particle, compare like.

allnoun

Wiktionary (English) • 2026

Everything that one is capable of. | The totality of one's possessions. | Everything in general; all that matters.

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