OLD

6 definitions found across Law Mind sources

OLDAuthored
The Law Mind • 855 words
Definition
In legal contexts, "old" carries no fixed technical meaning but functions as a relational or comparative descriptor whose significance depends entirely on context. Two principal uses appear in legal materials: 1. As applied to roads and rights-of-way: An "old road" does not necessarily mean an ancient or long-established road. The term is used relationally — an old road is simply one already laid out, platted, or in use, as distinguished from a newly proposed or recently opened road. The age of the road is not the operative consideration; the distinction is between what already exists and what is being newly created. 2. As applied to persons: "Old people" or "old age" appears in legal contexts primarily as a threshold condition triggering inquiry into related doctrines — particularly testamentary capacity, susceptibility to undue influence, and mental competency. The law does not define a specific age as "old" for these purposes; rather, advanced age is treated as a factor bearing on whether a person possessed the requisite mental state at the relevant time.
Common Language
Modern common usage (Wiktionary): Having existed for a relatively long period of time; of a living being, having lived for most of the expected years; of a perishable item, having existed for a notable duration. Historical common usage (Webster's 1913): [The 1913 entry provided is non-standard and likely corrupt; the ordinary sense was well established as: advanced in age or years; having been long in existence.] The gap between common and legal meaning is modest but worth noting. In ordinary speech, "old" implies duration or age as an intrinsic quality. In legal usage — particularly as applied to roads — the term is purely comparative and says nothing about how long the thing has existed in an absolute sense. An "old road" in a deed or municipal ordinance may have been in use for only a short time; what matters is that it predates the instrument or proceeding at hand.
Common Confusion
"Old" as applied to roads is sometimes read as synonymous with "ancient" or as importing common-law rights associated with long use (such as prescriptive easements or dedication). This is incorrect. An old road in the relational sense confers no additional legal weight beyond its established existence. Researchers should not assume that a reference to an "old road" in a deed or plat triggers prescriptive-use analysis unless supported by additional evidence of duration and use. See ANCIENT; PRESCRIPTION; DEDICATION.
Why It Matters in Research
The term "old" is a trap for researchers working with deeds, plats, road orders, and municipal records, particularly in 18th- and 19th-century materials. When a conveyance or road order refers to an "old road" as a boundary or reference point, the natural impulse is to treat this as a claim of long use — potentially invoking prescriptive rights or dedication. Anderson's makes clear this is not warranted. The word may mean nothing more than "the road that was already there when this document was written." In estate and probate research, "old age" as a phrase in older case digests and secondary materials is typically an index term directing researchers to capacity and undue influence doctrine. The underlying legal question is not the person's age per se but their mental condition. Researchers using historical digest systems should treat "old people" as a pointer to DEMENTIA and INFLUENCE entries rather than as a standalone legal category. Jurisdictional variation is minimal for the road usage — the relational reading is consistent across American jurisdictions. For the persons usage, the age at which courts begin to scrutinize capacity or undue influence has never been codified uniformly and varies by fact pattern.
Historical Dictionary Support
Anderson's is the sole historical dictionary source here, and its entry is characteristically compressed. It cross-references NEW (for the road usage) and DEMENTIA and INFLUENCE (for the persons usage), which accurately maps the term's functional role: "old" is almost never the legal conclusion — it is the gateway to another inquiry. The note that "old" as applied to roads "does not necessarily mean long-existing, ancient" and may simply mean "a road already laid out and used" is the most practically useful piece of guidance in the entry, and it is well-supported by the general pattern of road law in American jurisdictions. No other historical dictionary source is available for this term, and the entry does not appear in standard legal dictionaries such as Black's in a way that adds to Anderson's treatment.
Jurisdictional Note
The relational reading of "old road" (meaning already-existing rather than ancient) is consistent across American common-law jurisdictions and reflects the practical drafting conventions of surveyors and road commissioners. Researchers working with Louisiana materials should exercise additional caution, as civil law concepts of servitude and public road dedication follow different analytical frameworks.
Encyclopedia Cross-Reference
Roads and Highways (for the road usage); Adverse Possession and Prescription (for the distinction between relational age and legal duration); Undue Influence and Testamentary Capacity (for the persons usage).
Related Terms
New (road); Ancient; Prescription; Dedication; Easement; Undue Influence; Dementia; Testamentary Capacity; Boundary; Plat
OLDmain
Anderson's Dictionary of Law • 1890
See NEW. Referring to a road, does not necessarily mean long-existing, ancient. May be so opposed to a "new" road as to mean simply a road already laid out and used. 3 Old people. See DEMENTIA; INFLUENCE.
OLDn.
Websters Unabridged Dictionary (1913) • 1913
Open country. [Obs.] See World. Shak.
OLDa.
Websters Unabridged Dictionary (1913) • 1913
Not young; advanced far in years or life; having lived till toward the end of the ordinary term of living; as, an old man; an old age; an old horse; an old tree. Let not old age disgrace my high desire. Sir P. Sidney. The melancholy news that we grow old. Young. Not new or fresh; not recently made or produced; having existed for a long time; as, old wine; an old friendship. "An old acquaintance." Camden. Formerly existing; ancient; not modern; preceding; original; as, an old law; an old custom; an old promise. "The old schools of Greece." Milton. "The character of the old Ligurians." Addison. Continued in life; advanced in the course of existence; having (a certain) length of existence; -- designating the age of a person or thing; as, an infant a few hours old; a cathedral centuries old. And Pharaoh said unto Jacob, How old art thou Cen. xlvii. 8. Long practiced; hence, skilled; experienced; cunning; as, an old offender; old in vice. Vane, young in years, but in sage counsel old. Milton. Long cultivated; as, an old farm; old land, as opposed to Ant: new land, that is, to land lately cleared. Worn out; weakened or exhausted by use; past usefulness; as, old shoes; old clothes. More than enough; abundant. [Obs.] If a man were porter of hell gate, he should have old turning the key. Shak. Aged; antiquated; hence, wanting in the mental vigor or other qualities belonging to youth; -- used disparagingly as a term of reproach. Old-fashioned; wonted; customary; as of old; as, the good old times; hence, colloquially, gay; jolly. Used colloquially as a term of cordiality and familiarity. "Go thy ways, old lad." Shak. Old age, advanced years; the latter period of life. -- Old bachelor. See Bachelor, 1. -- Old Catholics. See under Catholic. -- Old English. See under English. n., 2. -- Old Nick, Old Scratch, the devil. -- Old lady (Zoöl.), a large European noctuid moth (Mormo maura). -- Old maid. (a) A woman, somewhat advanced in years, who has never been married; a spinster. (b) (Bot.) A West Indian name for the pink- flowered periwinkle (Vinca rosea). (c) A simple game of cards, played by matching them. The person with whom the odd card is left is the old maid. -- Old man's beard. (Bot.) (a) The traveler's joy (Clematis Vitalba). So named from the abundant long feathery awns of its fruit. The Tillandsia usneoides. See Tillandsia. -- Old man's head (Bot.), a columnar cactus (Pilocereus senilis), native of Mexico, covered towards the top with long white hairs. -- Old red sandstone (Geol.), a series of red sandstone rocks situated below the rocks of the Carboniferous age and comprising various strata of siliceous sandstones and conglomerates. See Sandstone, and the Chart of Geology. -- Old school, a school or party belonging to a former time, or preserving the character, manner, or opinious of a former time; as, a gentleman of the old school; -- used also adjectively; as, Old-School Presbyterians. -- Old sledge, an old and well-known game of cards, called also all fours, and high, low, Jack, and the game. -- Old squaw (Zoöl.), a duck (Clangula hyemalis) inhabiting the northern parts of both hemispheres. The adult male is varied with black and white and is remarkable for the length of its tail. Called also longtailed duck, south southerly, callow, hareld, and old wife. -- Old style. (Chron.) See the Note under Style. -- Old Testament. See under Testament. -- Old wife. [In the senses b and cwritten also oldwife.] (a) A prating old woman; a gossip. Refuse profane and old wives' fables. 1 Tim. iv. 7.
oldadj
Wiktionary (English) • 2026
Wiktionary contributorsCC 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.
Of an object, concept, relationship, etc., having existed for a relatively long period of time. | Of an object, concept, relationship, etc., having existed for a relatively long period of time. | Of a living being, having lived for most of the expected years. | Of an object, concept, relationship, etc., having existed for a relatively long period of time. | Of a perishable item, having existed for most of, or more than, its shelf life. | Of an object, concept, relationship, etc., having existed for a relatively long period of time. | Of a species or language, belonging to a lineage that is distantly related to others. | Having been used and thus no longer new or unused. | Having existed or lived for the specified time. | Of an earlier time. | Former, previous. | Of an earlier time. | That is no longer in existence. | Of an earlier time. | Obsolete; out-of-date. | Of an earlier time. | Familiar. | Of an earlier time. | Being a graduate or alumnus of a school, especially a public school. | Tiresome after prolonged repetition. | Said of subdued colors, particularly reds, pinks and oranges, as if they had faded over time. | A grammatical intensifier, often used in describing something positive, and combined with another adjective. | Indicating affection and familiarity. | Designed for a mature audience; unsuitable for children below a certain age. | Excessive, abundant.
oldnoun
Wiktionary (English) • 2026
Wiktionary contributorsCC 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.
People who are old; old beings; the older generation, taken as a group. | A person older than oneself, especially an adult in relation to a teenager. | One's parents. | A typically dark-coloured lager brewed by the traditional top-fermentation method.

Explore the full Law Mind legal research platform.

SubscribeEncyclopediaSign In