DRY

10 definitions found across Law Mind sources

DRYAuthored
The Law Mind • 1078 words
Definition
In legal usage, "dry" does not primarily describe the absence of moisture. Instead, it carries two distinct technical meanings: 1. Formal or nominal — describing a legal arrangement that exists in form but imposes no active duty, obligation, or responsibility on the party it names. A dry trust, for example, is one in which the trustee holds bare legal title but has no duties to perform; equity treats it as executed and passes the beneficial interest directly to the cestui que trust. 2. Unfruitful or without profit — describing a legal interest or instrument that yields no benefit, income, or advantage to its holder. A dry mortgage or dry rent illustrates this sense: the instrument creates the legal relationship but strips away the practical benefit ordinarily accompanying it. Both senses share a common thread: the legal substance normally expected of an arrangement is absent, leaving only its outer shell.
Common Language
Modern common usage (Wiktionary): Lacking moisture; also colloquially, a prohibitionist of alcoholic beverages, a dry season or region, or (British political slang) a hard-line Conservative. Historical common usage (Webster's 1913): Free from moisture or humidity; not wet or moist; deficient in rain or natural fluid; applied to weather, vegetable matter, and animals not giving milk. The gap here is significant. In ordinary English, "dry" is purely descriptive of physical moisture content. In law, it describes the hollowing-out of legal substance — the presence of form without function, title without duty, or interest without profit. A researcher encountering "dry" in a legal instrument should not reach for the physical meaning; the word signals a structural feature of the legal relationship itself.
Common Confusion
"Dry" is most commonly confused with simply "bare" or "naked" when applied to trusts and interests. The terms overlap substantially — a bare trust and a dry trust often describe the same arrangement — but "dry" carries the additional connotation of unprofitability or absence of benefit, not merely absence of active duties. Researchers should also note that "dry" in a political or temperance-law context (dry county, dry law) is a distinct usage rooted in the prohibition movement and has no connection to the technical legal meaning described here.
Recognized Forms
/SUBTYPES Dry trust: A trust in which the trustee holds legal title but has no active duties to perform; treated as executed under the Statute of Uses, vesting the legal estate in the beneficiary. See also TRUST. Dry exchange: A fictitious exchange transaction in which value passes on one side only, used historically as a device to disguise usurious lending. See EXCHANGE. Dry mortgage: A mortgage that creates a lien on land for payment of money but imposes no personal liability on the mortgagor beyond forfeiture of the land itself. See MORTGAGE. Dry rent: A rent reserved without a clause of distress, leaving the grantee no remedy for non-payment beyond a personal action. See RENT.
Why It Matters in Research
The word "dry" appears frequently in older equity and property materials as a modifier that fundamentally changes the legal character of an instrument. Researchers must be alert to it in three contexts: First, trust law. The distinction between dry and active trusts was not merely taxonomic — it determined whether the Statute of Uses (1535) executed the trust and merged legal and equitable title. A trust labeled "dry" in historical chancery records signals that the court likely treated the legal title as already vested in the beneficiary, bypassing the trustee entirely. This affects how you read the chain of title in real property records of that era. Second, mortgage and lien instruments. A dry mortgage in historical records indicates limited personal exposure for the mortgagor. Researchers tracing debt collection disputes or deficiency judgment history need to flag whether the underlying instrument was dry, because the available remedies differed. Third, exchange and usury. Dry exchange appears in older commercial law materials as a known circumvention of usury prohibitions. Encountering the term in historical merchant records or ecclesiastical court proceedings is a signal that the underlying transaction may have been disguised credit. Anderson's cross-reference to EXCHANGE, RENT, and TRUST confirms that "dry" is a connector term — its meaning is fully decoded only by reference to the instrument it modifies. Do not read it in isolation.
Historical Dictionary Support
Black's Law Dictionary (2nd Ed.) provides the clearest synthesis: "formal or nominal, without imposing any duty or responsibility, or unfruitful, without bringing any profit or advantage." This two-part formulation — formal/nominal on one hand, unfruitful on the other — captures both major legal senses and remains the most useful shorthand for researchers. Black also cross-references dry exchange and dry mortgage, confirming that the term functions primarily as a modifier rather than a standalone concept. Anderson's Dictionary of Law does not define "dry" directly but routes the reader to EXCHANGE, RENT, and TRUST — an editorial choice that underscores the point that "dry" has no independent legal content; it describes a quality of other instruments. Rapalje & Lawrence does not appear to carry a dedicated entry for "dry" in the retrieved material; the excerpt relates to prize and derelict property and is not substantively connected to this term. Researchers relying on Rapalje for historical property or commercial law should consult Black's and Anderson's cross-references instead. None of the historical dictionaries address the temperance-law usage of "dry" (as in dry county or dry law), which became legally significant in American jurisdictions following the late nineteenth-century prohibition movement and remained relevant through and after Prohibition. This is a gap in the shelf sources that researchers working in administrative, licensing, or local government law should supply from period statutes and regulatory materials.
Jurisdictional Note
The dry trust doctrine's practical effect depended on whether a jurisdiction had adopted the Statute of Uses or its local equivalent. American states varied in their reception of the Statute, and some courts gave dry trusts different treatment depending on whether the instrument was real or personal property. Researchers working across state lines in pre-twentieth-century equity materials should not assume uniform treatment.
Encyclopedia Cross-Reference
See Law Mind Encyclopedia: Trusts — Formation and Classification; Mortgages — Lien Theory and Title Theory; Statute of Uses.
Related Terms
Trust — Bare Trust — Active Trust — Statute of Uses — Dry Mortgage — Dry Rent — Dry Exchange — Naked Trust — Lien — Usury — Exchange — Cestui Que Trust — Executed Trust — Executory Trust
DRYmain
Rapalje & Lawrence • 1888
(421) mission. (2 Steph. Com. 494. See LETTERS OF MARQUE.) It has, however, long been usual to grant captured property to the captors. In America, the term is applied to goods found derelict at sea (2 Kent Com. 357 n.), and to property captured by non-commissioned vessels. (1 Id. 96. See CAPTURE.) Under the present arrangement of the public revenue and civil list, in England, all casual revenues arising from any droits of admiralty or droits of the crown are carried to the consolidated fund. Stat. 1 and 2 Vict. c. 2, § 2. See
DRYcrossref
Anderson's Dictionary of Law • 1890
See EXCHANGE, 2; RENT; TRUST, 1.
DRYmain
Black's Law Dictionary (2nd Ed.) • 1910
In the vernacular, this term means desiccated or free from moisture; but, in legal use, it signifies formal or nominal, without imposing any duty or responsibility, or unfruitful, without bringing any profit or advantage. P —Dry exchange. See EXCHANGE.—Dry mortgage. One which creates a lien on land for the payment of money, but does not impose any personal liability upon the mortgagor, collateral to or over and above the value of the premises. Frowenfeld v. Hastings, 134 Cal. 128, 66 Pac. 178.—Dry-multures. In Scotch law. Corn paid to the owner of a mill, whether the payers grind or not.—Dry rent. Rentseck; a rent reserved without a clause of distress.—Dry trust. A passive trust; one which requires no action on the part of the trustee beyond turning over money or property to the cestus que trust. ‘Bradford vy. Robinson, 7 Houst. (Del.) 29, 30 Atl. 670; Cornwell v. Wulff, 148 Mo. 542, 50 8 W. 439, 45 L. R. A. 53.—Dry weight. In tariff laws, this term does not mean the weight of an article after desiccation in a kiln, but its air-dry weight as understood in commerce. S. v. Perkins, 66 Fed. 50, 18 C. C. A. 324.
DRYa.
Websters Unabridged Dictionary (1913) • 1913
Free from moisture; having little humidity or none; arid; not wet or moist; deficient in the natural or normal supply of moisture, as rain or fluid of any kind; -- said especially: (a) Of the weather: Free from rain or mist. The weather, we agreed, was too dry for the season. Addison. Of vegetable matter: Free from juices or sap; not succulent; not green; as, dry wood or hay. Of animals: Not giving milk; as, the cow is dry. Of persons: Thirsty; needing drink. Give the dry fool drink. Shak Of the eyes: Not shedding tears. Not a dry eye was to be seen in the assembly. Prescott. Of certain morbid conditions, in which there is entire or comparative absence of moisture; as, dry gangrene; dry catarrh. Destitute of that which interests or amuses; barren; unembellished; jejune; plain. These epistles will become less dry, more susceptible of ornament. Pope. Characterized by a quality somewhat severe, grave, or hard; hence, sharp; keen; shrewd; quaint; as, a dry tone or manner; dry wit. He was rather a dry, shrewd kind of body. W. Irving. Exhibiting a sharp, frigid preciseness of execution, or the want of a delicate contour in form, and of easy transition in coloring. Dry area (Arch.), a small open space reserved outside the foundation of a building to guard it from damp. -- Dry blow. (a) (Med.) A blow which inflicts no wound, and causes no effusion of blood. (b) A quick, sharp blow. -- Dry bone (Min.), Smithsonite, or carbonate of zinc; -- a miner's term. -- Dry castor (Zoöl.) a kind of beaver; -- called also parchment beaver. -- Dry cupping. (Med.) See under Cupping. -- Dry dock. See under Dock. -- Dry fat. See Dry vat (below). -- Dry light, pure unobstructed light; hence, a clear, impartial view. Bacon. The scientific man must keep his feelings under stern control, lest they obtrude into his researches, and color the dry light in which alone science desires to see its objects. J. C. Shairp. -- Dry masonry. See Masonry. -- Dry measure, a system of measures of volume for dry or coarse articles, by the bushel, peck, etc. -- Dry pile (Physics), a form of the Voltaic pile, constructed without the use of a liquid, affording a feeble current, and chiefly useful in the construction of electroscopes of great delicacy; -- called also Zamboni's , from the names of the two earliest constructors of it. -- Dry pipe (Steam Engine), a pipe which conducts dry steam from a boiler. -- Dry plate (Photog.), a glass plate having a dry coating sensitive to light, upon which photographic negatives or pictures can be made, without moistening. -- Dry-plate process, the process of photographing with dry plates. -- Dry point. (Fine Arts) (a) An engraving made with the needle instead of the burin, in which the work is done nearly as in etching, but is finished without the use acid. (b) A print from such an engraving, usually upon paper. (c) Hence: The needle with which such an engraving is made. -- Dry rent (Eng. Law), a rent reserved by deed, without a clause of distress. Bouvier. -- Dry rot, a decay of timber, reducing its fibers to the condition of a dry powdery dust, often accompanied by the presence of a peculiar fungus (Merulius lacrymans), which is sometimes considered the cause of the decay; but it is more probable that the real cause is the decomposition of the wood itself. D. C. Eaton. Called also sap rot, and, in the United States, powder post. Hebert. -- Dry stove, a hothouse adapted to preserving the plants of arid climates. Brande & C. -- Dry vat, a vat, basket, or other receptacle for dry articles. -- Dry wine, that in which the saccharine matter and fermentation were so exactly balanced, that they have wholly neutralized each other, and no sweetness is perceptible; -- opposed to sweet wine, in which the saccharine matter is in excess.
DRYv.
Websters Unabridged Dictionary (1913) • 1913
To make dry; to free from water, or from moisture of any kind, and by any means; to exsiccate; as, to dry the eyes; to dry one's tears; the wind dries the earth; to dry a wet cloth; to dry hay. To dry up. (a) To scorch or parch with thirst; to deprive utterly of water; to consume. Their honorable men are famished, and their multitude dried up with thirst. Is. v. 13. The water of the sea, which formerly covered it, was in time exhaled and dried up by the sun. Woodward. To make to cease, as a stream of talk. Their sources of revenue were dried up. Jowett (Thucyd. ) -- To dry, or dry up, a cow, to cause a cow to cease secreting milk. Tylor.
DRYv.
Websters Unabridged Dictionary (1913) • 1913
To grow dry; to become free from wetness, moisture, or juice; as, the road dries rapidly. To evaporate wholly; to be exhaled; -- said of moisture, or a liquid; -- sometimes with up; as, the stream dries, or dries up. To shrivel or wither; to lose vitality. And his hand, which he put forth against him, dried up, so that he could not pull it in again to him. I Kings xiii. 4.
drynoun
Wiktionary (English) • 2026
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The process by which something is dried. | A prohibitionist (of alcoholic beverages). | An area with little or no rain, or sheltered from it. | The dry season. | An area of waterless country. | Unsweetened ginger ale; dry ginger. | A radical or hard-line Conservative; especially, one who supported the policies of British Prime Minister Margaret Thatcher in the 1980s.
DRYphrase
Wiktionary (English) • 2026
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Acronym of don't repeat yourself (“software development principle aimed at reducing repetition”).
DRYadj
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
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Of code, having the quality of adhering to the principle of DRY; containing as little repetition as possible.

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