SETTLE

9 definitions found across Law Mind sources

SETTLEAuthored
The Law Mind • 1122 words
Definition
To settle, in law, carries three distinct operative meanings depending on context: 1. To resolve a dispute or legal claim. Most commonly in modern practice, to settle means to terminate a lawsuit or claim by mutual agreement of the parties, typically before or during trial, usually in exchange for payment or some other agreed consideration. A settlement extinguishes the claim without a judicial determination on the merits. 2. To adjust, ascertain, or pay an account. Parties settle an account when they review its items, agree upon the balance owed, and — when payment follows — discharge that obligation. This usage appears frequently in commercial and estate contexts. 3. To settle property. To limit property or its income to several persons in succession through a formal legal instrument, such that the current holder cannot defeat the future interests of those downstream. This is the foundation of property settlement, a fixture of English land law and equity practice.
Common Language
Modern common usage (Wiktionary): To conclude or resolve something; to determine a matter exposed to doubt; to cause a dispute to finish; in particular, to terminate a lawsuit by agreement rather than judicial decision. Historical common usage (Webster's 1913): Primarily a noun — a bench with a high back, or a platform lower than surrounding ground. As a verb, Webster's 1913 gives only limited attention to the legal sense; the dominant common meaning was physical: to sink, to become fixed, or to establish residence somewhere. The gap here is meaningful in one direction. The common verb "settle" — to come to rest, to establish a home — shares a conceptual ancestor with the legal term but diverges sharply in technical usage. The property settlement meaning (sense 3 above) has almost no equivalent in ordinary speech, and researchers encountering "settled estates" or "settled land" in historical sources will not find guidance from common usage. The dispute-resolution meaning (sense 1) tracks modern common speech closely but obscures the formal legal architecture behind it.
Common Confusion
"Settle" in the account-adjustment sense (sense 2) is sometimes read as synonymous with mere agreement — but in historical legal usage, settlement of an account could require both ascertainment and payment. Agreement alone did not always complete the act. Researchers should be careful not to treat a document memorializing an agreed balance as evidence of discharge without confirming payment followed. The property settlement meaning (sense 3) is frequently conflated with ordinary transfer or conveyance. A settlement limits property among successive takers and constrains alienation; a conveyance transfers it outright. These are not interchangeable.
Recognized Forms
/SUBTYPES Settle — dispute resolution: Gives rise to a settlement agreement, release, consent judgment, or stipulation of dismissal depending on the procedural posture. Settle — accounts: Appears as account stated (where the balance is agreed) and account settled (where payment has been made). Historical sources use both phrases with variable precision. Settle — property: The foundational act creating a settlement of land or income. Under English law, this produced strict settlements and trust-based settlements governed by the Settled Land Acts. In American practice, property settlements appear most frequently in trust instruments and marital dissolution proceedings. Settle — paupers (historical): Under English poor law, to "settle" a pauper meant to establish legal settlement in a parish, determining which parish bore responsibility for relief. This usage is almost entirely absent from American sources but appears throughout English legal history and comparative materials.
Why It Matters in Research
The multiplicity of senses is the primary research hazard. A historical source using "settle" without further context may be speaking about any of the four recognized forms above. Researchers working in equity records, estate files, or chancery proceedings should identify the sense in play before drawing conclusions. The property settlement meaning is particularly treacherous in American historical research. English doctrine on settled estates — including the elaborate machinery of the strict settlement — was received unevenly across American jurisdictions. Some states adopted analogous trust mechanisms; others rejected restraints on alienation that English settlements routinely imposed. A researcher finding "settled" property in an American deed or trust instrument cannot assume English rules apply. The account-settlement usage matters in commercial litigation research. Pre-trial settlement of commercial disputes often generated account-stated documents that serve as evidence of liability in subsequent proceedings. Knowing whether "settled" means agreed or paid can determine whether a cause of action survived. The dispute-resolution usage dominates modern practice, but pre-20th century sources use it less consistently. Before formal alternative dispute resolution and structured settlement practice, "settling" a case often meant informal compromise with no standard documentation. Researchers should not expect the evidentiary record of a modern settlement — written agreement, court filing, consideration recitals — when working in 19th-century sources.
Historical Dictionary Support
Black's (1st Ed.) captures the account and property senses cleanly, explicitly noting that settlement of property limits it to successive takers in a way that forecloses the current holder from defeating future rights. This is the most precise historical definition of the property sense. Bouvier adds that settling an account involves both ascertainment and payment, reinforcing the distinction between agreement and discharge. Burrill's definition is the most compact and practically useful for the dispute-resolution sense: "to make a final disposition of a claim between parties, by payment or otherwise." Rapalje & Lawrence usefully identifies a third category — settling a document (making it right in form) — which the other historical dictionaries neglect. None of the historical dictionaries give adequate treatment to the modern litigation-settlement sense as a formal procedural event. This is a predictable gap: the structured settlement, the settlement conference, and the consent judgment are largely 20th-century procedural developments. Historical sources treat dispute resolution by agreement as a matter of contract rather than procedure.
Jurisdictional Note
The property settlement sense varies significantly between common law jurisdictions. English Settled Land Act doctrine has no direct American equivalent, though trust-based analogs exist in most states. Marital property settlements in American practice are governed by state divorce statutes and vary considerably in enforceability and modification standards.
Related Terms
Settlement — the noun form; the operative legal instrument or act Account Stated — the agreed-balance precursor to account settlement Release — the instrument that commonly accompanies dispute settlement Consent Judgment — the court-filed product of a litigated settlement Strict Settlement — the English property law mechanism settled land created Settled Land — property subject to a settlement instrument Poor Law Settlement — the parish-assignment doctrine in English law Compromise — the broader category within which dispute settlement falls Discharge — the extinguishment of obligation that payment effects Stipulation of Dismissal — the procedural vehicle for litigation settlement
SETTLEmain
Black's Law Dictionary • 1891
To adjust, ascertain, or liqui- date; to pay. Parties are said to settle an account when they go over its items and as- certain and agree upon the balance due from one to the other. And, when the party in- debted pays such balance, he is also said to settle it. 9 Wis. 38. To settle property is to limit it, or the in- come of it, to several persons in succession, so that the person for the time being in the possession or enjoyment of it has no power to deprive the others of their right of future enjoyment. Sweet. To settle a document is to make it right in form and in substance. Documents of diffi- culty or complexity, such as mining leases, settlements by will or deed, partnership agree- ments, etc., are generally settled by counsel. Id. The term "settle" is also applied to pau- pers.
SETTLEmain
Black's Law Dictionary (2nd Ed.) • 1910
a demand against the plaintiff to counterbalance his in whole or in part. Code Ga. 1882, § 2899. For the distinction between set-off and recoupment, see RECOUPMENT. “Set-off” differs from a “lien,” inasmuch as the former belongs exclusively to the remedy, and is merely a right to insist, if the party ’ think proper to do so, when sued by his creditor on a counter-demand, which can only be enforced through the medium of judicial proceedings; while the latter is, in effect, a substitute for a suit. 2 Op. Attys. Gen. 677. To adjust, ascertain, or liquidate; to pay. Parties are said to settle an account when they go over its items and ascertain and agree upon the balance due from one to the other. And, when the party indebted pays such balance, he is also said to settle it. Auzerais v. Naglee, 74 Cal. 60, 15 Pac. 371; Jackson v. Ely, 57 Ohio St. 450, 49 N. E. 792; People v. Green, 5 Daly (N. ¥.) 201; Lynch v. Nugent, 80 Iowa, 422, 46 N. W. 61. To settle property is to limit it, or the income of it, to several persons in succession, so that the person for the time being in the possession or enjoyment of it has no power to deprive the others of their right of future enjoyment. Sweet. To settle a document is to make it right in form and in substance. Documents of difficulty or complexity, such as mining leases, settlements by will or deed, partnership agreements, etc., are generally settled by counsel. Id. The term “settle” is also applied to paupers. Settle up. <A term, colloquial rather than legal, which is applied to the final collection, adjustment, and distribution of the estate of a decedent, a bankrupt, or an insolvent corporation. It includes the processes of collecting the property, paying debts and charges, and turning over the balance to those entitled to receive it. —Settled estate. See EstTaTe.—Settling a bill of exceptions. When the bill of exceptions prepared for an appeal is not accepted as correct by the respondent, it is settled (é. e., adjusted and finally made conformable to the truth) by being taken before the judge who presided at the trial, and by him put into a form Railroad Co. vy. Cone, 37 Kan. 567, 15 Pac. ; In re Prout’s Estate (Sur.) 11 N. Y. Supp. 160.—Settling day. The day on which transactions for the “account” are made up on the English stock-exchange. In consols they are monthly; in other investments, twice in the month.Settling interrogatories. The determination by the court of objections to interrogatories and cross-interrogatories prepared to ‘be used in taking a deposition.—Settling issues. In Knglish practice. Arranging or determining the form of the issues in a cause. “Where, in any action, it appears to the judge that the statement of claim or defense or rely does not sufficiently disclose the issues of act between the parties, he may direct the parties to prepare issues; and such issues shall if the parties differ, be setticd by the judge.’ Judicature Act 1875, schedule, art. 19. agrecing with his minutes and his recollection.
SETTLEn.
Websters Unabridged Dictionary (1913) • 1913
A seat of any kind. [Obs.] "Upon the settle of his majesty" Hampole. A bench; especially, a bench with a high back. A place made lower than the rest; a wide step or platform lower than some other part. And from the bottom upon the ground, even to the lower settle, shall be two cubits, and the breadth one cubit. Ezek. xliii. 14. Settle bed, a bed convertible into a seat. [Eng.]
SETTLEv.
Websters Unabridged Dictionary (1913) • 1913
To place in a fixed or permanent condition; to make firm, steady, or stable; to establish; to fix; esp., to establish in life; to fix in business, in a home, or the like. And he settled his countenance steadfastly upon him, until he was ashamed. 2 Kings viii. 11. (Rev. Ver.) The father thought the time drew on Of setting in the world his only son. Dryden. To establish in the pastoral office; to ordain or install as pastor or rector of a church, society, or parish; as, to settle a minister. [U. S.] To cause to be no longer in a disturbed condition; to render quiet; to still; to calm; to compose. God settled then the huge whale-bearing lake. Chapman. Hoping that sleep might settle his brains. Bunyan. To clear of dregs and impurities by causing them to sink; to render pure or clear; -- said of a liquid; as, to settle coffee, or the grounds of coffee. To restore or bring to a smooth, dry, or passable condition; -- said of the ground, of roads, and the like; as, clear weather settles the roads. To cause to sink; to lower; to depress; hence, also, to render close or compact; as, to settle the contents of a barrel or bag by shaking it. To determine, as something which is exposed to doubt or question; to free from unscertainty or wavering; to make sure, firm, or constant; to establish; to compose; to quiet; as, to settle the mind when agitated; to settle questions of law; to settle the succession to a throne; to settle an allowance. It will settle the wavering, and confirm the doubtful. Swift. To adjust, as something in discussion; to make up; to compose; to pacify; as, to settle a quarrel. To adjust, as accounts; to liquidate; to balance; as, to settle an account. Hence, to pay; as, to settle a bill. [Colloq.] Abbott. To plant with inhabitants; to colonize; to people; as, the French first settled Canada; the Puritans settled New England; Plymouth was settled in 1620. To settle on or upon, to confer upon by permanent grant; to assure to. "I . . . have settled upon him a good annuity." Addison. -- To settle the land (Naut.), to cause it to sink, or appear lower, by receding from it.
SETTLEv.
Websters Unabridged Dictionary (1913) • 1913
To become fixed or permanent; to become stationary; to establish one's self or itself; to assume a lasting form, condition, direction, or the like, in place of a temporary or changing state. The wind came about and settled in the west. Bacon. Chyle . . . runs through all the intermediate colors until it settles in an intense red. Arbuthnot. To fix one's residence; to establish a dwelling place or home; as, the Saxons who settled in Britain. To enter into the married state, or the state of a householder. As people marry now and settle. Prior. To be established in an employment or profession; as, to settle in the practice of law. To become firm, dry, and hard, as the ground after the effects of rain or frost have disappeared; as, the roads settled late in the spring. To become clear after being turbid or obscure; to clarify by depositing matter held in suspension; as, the weather settled; wine settles by standing. A government, on such occasions, is always thick before it settles. Addison. To sink to the bottom; to fall to the bottom, as dregs of a liquid, or the sediment of a reserveir. To sink gradually to a lower level; to subside, as the foundation of a house, etc. To become calm; to cease from agitation. Till the fury of his highness settle, Come not before him. Shak. To adjust differences or accounts; to come to an agreement; as, he has settled with his creditors. To make a jointure for a wife. He sighs with most success that settles well. Garth.
settleverb
Wiktionary (English) • 2026
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To conclude or resolve (something): | To determine (something which was exposed to doubt or question); to resolve conclusively; to set or fix (a time, an order of succession, etc). | To conclude or resolve (something): | To conclude, to cause (a dispute) to finish. | To conclude or resolve (something): | To conclude, to cause (a dispute) to finish. | In particular, to terminate (a lawsuit), usually out of court, by agreement of all parties. | To conclude or resolve (something): | To close, liquidate or balance (an account) by payment, sometimes of less than is owed or due. | To conclude or resolve (something): | To pay (a bill). | To conclude or resolve (something): | To adjust differences or accounts; to come to an agreement on matters in dispute. | To conclude or resolve (something): | To conclude a lawsuit by agreement of the parties rather than a decision of a court. | To place or arrange in(to) a desired (especially: calm) state, or make final disposition of (something). | To place or arrange in(to) a desired (especially: calm) state, or make final disposition of (something). | To put into (proper) place; to make sit or lie properly. | To place or arrange in(to) a desired (especially: calm) state, or make final disposition of (something). | To cause to no longer be in a disturbed, confused or stormy; to quiet; to calm (nerves, waters, a boisterous or rebellious child, etc). | To place or arrange in(to) a desired (especially: calm) state, or make final disposition of (something). | To silence, especially by force. | To place or arrange in(to) a desired (especially: calm) state, or make final disposition of (something). | To kill. | To place or arrange in(to) a desired (especially: calm) state, or make final disposition of (something). | To bring or restore (ground, roads, etc) to a smooth, dry, or passable condition. | To become calm, quiet, or orderly; to stop being agitated. | To become calm, quiet, or orderly; to stop being agitated. | To become firm, dry, and hard, like the ground after the effects of rain or frost have disappeared. | To establish or become established in a steady position: | To place in(to) a fixed or permanent condition or position or on(to) a permanent basis; to make firm, steady, or stable; to establish or fix. | To establish or become established in a steady position: | In particular, to establish in life; to fix in business, in a home, etc. | To establish or become established in a steady position: | In particular, to establish in life; to fix in business, in a home, etc. | In particular, to establish in pastoral office; to ordain or install as pastor or rector of a church, society, or parish. | To establish or become established in a steady position: | To formally, legally secure (an annuity, property, title, etc) on (a person). | To establish or become established in a steady position: | To make a jointure for a spouse. | To establish or become established in a steady position: | To become married, or a householder. | To establish or become established in a steady position: | To be established in a profession or in employment. | To establish or become established in a steady position: | To become stationary or fixed; to come to rest. | To fix one's residence in a place; to establish a dwelling place, home, or colony. (Compare settle down.) | To fix one's residence in a place; to establish a dwelling place, home, or colony. (Compare settle down.) | To colonize (an area); to migrate to (a land, territory, site, etc). | To move (people) to (a land or territory), so as to colonize it; to cause (people) to take residence in (a place). | To sink, or cause (something, or impurities within it) to sink down, especially so as to become clear or compact. | To clear or purify (a liquid) of dregs and impurities by causing them to sink. | To sink, or cause (something, or impurities within it) to sink down, especially so as to become clear or compact. | To cause to sink down or to be deposited (dregs, sediment, etc). | To sink, or cause (something, or impurities within it) to sink down, especially so as to become clear or compact. | To render compact or solid; to cause to become packed down. | To sink, or cause (something, or impurities within it) to sink down, especially so as to become clear or compact. | To sink to the bottom of a body of liquid, as dregs of a liquid, or the sediment of a reservoir. | To sink, or cause (something, or impurities within it) to sink down, especially so as to become clear or compact. | To sink gradually to a lower level; to subside, for example the foundation of a house, etc. | To sink, or cause (something, or impurities within it) to sink down, especially so as to become clear or compact. | To become compact due to sinking. | To sink, or cause (something, or impurities within it) to sink down, especially so as to become clear or compact. | To become clear due to the sinking of sediment. (Used especially of liquid. Also used figuratively.) | Of an animal: to make or become pregnant.
Settlename
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
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A town and civil parish in North Yorkshire, England, previously in Craven district (OS grid ref SD816640). | An unincorporated community in Allen County, Kentucky, United States. | A habitational surname from Old English.
settlenoun
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
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A seat of any kind. | A long bench with a high back and arms, often with chest or storage space underneath. | A place made lower than the rest; a wide step or platform lower than some other part. (Compare a depression.)

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