Definition
A Latin term meaning "equal" or "even." Encountered primarily in testamentary contexts, where it appears in the phrase *ex jequus* (or *ex aequus*) to direct that a residuary estate be divided equally among legatees. A provision in a will distributing property *ex jequus* among beneficiaries requires that each named legatee receive an identical proportional share of the residue, with no preference or variation among them.
The term is a variant spelling of the classical Latin *aequus* (equal, level, fair), and its appearance in legal instruments reflects the persistence of Latinate drafting conventions in equity and probate practice.
Common Confusion
*Jequus* is a variant orthographic form and should not be treated as a distinct legal concept from *aequus*. Researchers encountering *jequus* in historical instruments or digests are encountering the same word with period-specific or transcription-related spelling variation. The phrase *ex jequus* functions identically to *ex aequo*, meaning "in equal shares." Confusion may arise when cataloguers or indexers treat the spelling variant as a separate headword with independent meaning — it has none.
Why It Matters in Research
This term surfaces almost exclusively in older probate and equity materials, where Latin residuary clauses were standard drafting practice. Researchers working with 19th-century New Jersey equity records, or similar jurisdictions with an active chancery tradition, may encounter the phrase in will constructions and trust instruments.
Two research traps apply. First, the spelling variant *jequus* may not be indexed consistently alongside *aequus* or *ex aequo* in historical digests and finding aids. A researcher searching only one spelling may miss relevant sources. Second, the substantive question raised by an *ex jequus* distribution — whether it imposes a per capita or per stirpes division, and whether it applies to the residue only or reaches specific bequests — is not resolved by the Latin phrase alone. The surrounding instrument and applicable testamentary law govern. The Black's citation to *Archer v. Morris* treats the phrase as establishing equality of distribution among legatees, but researchers should not assume that single interpretive data point covers all instrument types or jurisdictions.
The term has no meaningful modern drafting presence. Contemporary wills use plain-English equivalents ("in equal shares," "share and share alike"). Researchers encountering *jequus* should treat it as a period marker — a signal that the instrument was drafted in a jurisdiction and era where Latin testamentary formulas remained conventional.
Historical Dictionary Support
Black's Law Dictionary (2nd Ed., Supplemental) provides the only dedicated entry located in the Law Mind corpus. The entry is brief: it identifies the term as Latin for "equal" or "even," notes its testamentary application in residuary clauses, and supports the equal-distribution reading by reference to *Archer v. Morris*, 61 N.J. Eq. 152, 47 Atl. 275.
No additional historical dictionary coverage has been identified in the available sources. The term's absence from the main Black's volumes and from other standard legal dictionaries of the period reflects its status as a secondary variant rather than a term of independent legal art. Historical sources are consistent in treating equality of distribution as the operative meaning, though they do not address edge cases such as lapsed legacies, abatement, or the interaction of an *ex jequus* clause with specific bequests elsewhere in the instrument.
Jurisdictional Note
The sole supporting authority in the historical record is a New Jersey equity decision, reflecting that jurisdiction's strong chancery tradition. Researchers should not assume the phrase carried identical interpretive weight in jurisdictions without a distinct equity court structure, or in later periods after chancery and common law courts were merged.