TEREST

3 definitions found across Law Mind sources

TERESTAuthored
The Law Mind • 708 words
Definition
"Terest" does not appear to be a recognized legal term. The source material supplied under this heading does not define a term called "terest." The Black's Law Dictionary excerpt describes the distinction between a power coupled with an interest and a naked power — language associated with the entry INTEREST or POWER COUPLED WITH AN INTEREST. The Bouvier's Law Dictionary excerpt addresses the insurability of enemy property under maritime and international law — language associated with the entry INSURABLE INTEREST or MARINE INSURANCE. It is most likely that "terest" is a truncation or typographic fragment of INTEREST, with the leading letters "in-" stripped away. This would be consistent with mid-sentence extraction from a source entry or a scanning/indexing artifact in the corpus. Researchers encountering this headword in the Law Mind corpus should treat it as a malformed entry and consult the following substantive entries instead: 1. INTEREST — the parent term. In law, "interest" encompasses both a stake in property or a legal relationship (property interest, beneficial interest) and the financial charge for the use of money. The Black's excerpt points specifically to the concept of a power coupled with an interest, meaning a donee of a power who also holds a property stake in the subject matter of that power — a configuration that survives the death or incapacity of the grantor, unlike a naked power. 2. INSURABLE INTEREST — the Bouvier's excerpt addresses whether a party has a sufficient stake in property to support a valid insurance contract. The passage discusses whether alien or enemy subjects may insure property, a question that generated substantial English and continental jurisprudence. An insurable interest requires more than a speculative relationship to the subject matter; the insured must stand to suffer a direct financial loss upon the peril insured against. 3. POWER COUPLED WITH AN INTEREST — the specific doctrinal concept referenced in the Black's excerpt. A power coupled with an interest is irrevocable because the donee's own stake in the property gives the power independent legal force beyond mere agency. ---
Common Confusion
Do not confuse this corpus artifact with any recognized legal abbreviation. "Terest" has no established shorthand role in legal drafting or citation practice. ---
Why It Matters in Research
This entry is a corpus artifact, not a legal term of art. Researchers should be alert to several conditions that produce headwords like "terest" in digitized historical legal dictionaries: OCR and scanning errors: Optical character recognition frequently drops leading characters when source pages are damaged, cropped, or poorly illuminated. Entries beginning with "In-" are common victims. Alphabetical filing anomalies: Some historical dictionary editions filed sub-entries or cross-references under abbreviated forms, occasionally stripping the common prefix. Index truncation: When a dictionary's index or running header is extracted without the full entry text, fragments like "terest" can appear as standalone headwords. If you are tracing a legal concept and landed on this entry, the most productive next step is to search the corpus directly for INTEREST, INSURABLE INTEREST, or POWER COUPLED WITH AN INTEREST. The Bouvier's excerpt on enemy insurance touches a genuinely contested area of early 19th-century Anglo-American law; the underlying cases (including the East and Vesey reports referenced in the fragment) are real and traceable in the primary source record. ---
Historical Dictionary Support
Neither the Black's nor Bouvier's excerpt supplied here defines "terest" as an independent term. The Black's fragment is recognizable as part of the standard treatment of powers coupled with an interest — a topic Black's addresses in distinguishing agency relationships that survive the grantor's death from those that terminate upon it. The Bouvier's fragment reflects John Bouvier's characteristic method of synthesizing English case law with Kent's Commentaries and continental authorities; the reference to 3 Kent 254 and the citation to Vattel (abbreviated "Val. Com.") place this passage firmly in the marine insurance section of the dictionary. No historical legal dictionary in the standard shelf — Black's, Bouvier's, Burrill, Wharton, or Stroud — carries a headword "terest" as a defined legal concept. Any corpus source presenting it as such should be treated with skepticism. ---
Related Terms
INTEREST INSURABLE INTEREST POWER COUPLED WITH AN INTEREST NAKED POWER MARINE INSURANCE AGENCY (termination of) ENEMY PROPERTY
TERESTmain
Black's Law Dictionary • 1891
By this phrase is meant a right or power to do some act, together with an interest in the subject-matter on which the power is to be exercised. It is distinguished from a naked power, which is a mere au- thority to act, not accompanied by any inter- est of the donee in the subject-matter of the power. Is it an interest in the subject on which the power is to be exercised, or is it an interest in
TERESTmain
Bouvier's Law Dictionary • 1928
The contract is one recognized by the general law and usage of nations, and there- fore either native or alien may be insured. It was settled in England after much judi- cial discussion (and some temporary legis- lation) that the insurance of enemy's prop- erty is illegal: 4 East 396; 13 Ves. 64; see 3 Kent 254. The same rule was recognized by continental jurists; id. 255, note (6); Val. Com. ii. 32; and in this country; 16 Johns. 438, where the subject was exten- sively discussed, and it is said that "it may be considered the established law of this country;" 3 Kent 256. Such contracts, made before the outbreak of war, are an- nulled by it; Snow, Lect. Int. L. 101. It may also be in favor of A, or whom it may concern, but those general words will only apply to a person with an interest in the subject and who was in the contempla- tion of the contract; 2 Wash. C. C. 891; 98 U. S. 528; 6 Paige 483; 129 N. Y. 237; if such person has authorized or adopted it; 44 Ν. Η. 238. The intention of the insurer need not have fastened upon the very person, who seeks to take the benefit; an intention covers a person who takes such relation to the insurer as brings him within the clauses of the policy; 129 N. Y. 237. See 40 Me. 181; 5 Bosw. 369. The insurance "on advances" is distinct from the ship itself; 1 U. S. App. 183. As to who may be insurers in a marine policy there is no special rule. An insurance on a ship named makes the latter a part of the contract and no other can be substituted, but a cargo may be changed from one ship to another; 3 Kent 257; and the master may be changed; 12 Johns. 138. An insurance on the ship includes everything appurtenant to it; Boulay-Paty iii. 379; 1 Term 611, note. An insurance on goods need not name the ship, but may be " on any ship or ships; Emer. i. 173; 2 H. Bla. 343. Marine policies in England and this coun- try usually contain the words "lost or not lost," and in such case they cover losses already accrued as well as future ones; 27 N. J. L. 645. It is so without the words in other foreign countries; Roccus, de Ass. n. 51; 3 Kent 259; and it was said by Story, J., that "it would be so without reference to the words:" 2 Summ. 397. The most perfect good faith is required in this contract with respect to representa- tions, warranties, and concealment, as to all of which see the several titles. The insured is required both to pay the premium, and to represent fully and fairly all the circumstances relating to his sub- ject-matter of the insurance, which may influence the determination of the under- writers in undertaking the risk or estimat- ing the premium. A concealment of such facts amounts to a fraud, which avoids the contract; 1 Marsh. Ins. 464; Park. Ins.; 3 Kent 282-7 and notes. Where a policy covers a loss by perils of the sea or other perils, the insured may recover for a loss occasioned by the negli- gence of the master or crew or other per- sons employed by him; 11 Pet. 213; 2 Metc. 432; 14 How. 351; L. R. 4 C. P. 117; 117 U. S. 323. As to the perils insured against generally, see PERILS OF THE SEA; RISKS AND PERILS; and as to the different kinds of marine policies, see POLICY. If, before the termination of the ad- venture, the assured has parted with all interest in the subject-matter of the insur- ance, he cannot recover on any loss sub- sequent to his transfer of the property; 11 M. & W. 10; L. R. 7 Q. B. 802; and the insurer can take nothing by subrogation but the rights of the assured; 1 Pet. 193; 12 How. 466; 17 id. 152; 13 Wall. 367; 105 U. S. 680; 111 id. 584; 103 Mass. 219. See, generally, Arnould; Emerigon; Duer, Marine Ins.: Hine & Nichols. Dig.; 3 Kent, Lect. 48. See HULL AND MACHINERY. Mutual Insurance. See MUTUAL IN-

Explore the full Law Mind legal research platform.

SubscribeEncyclopediaSign In