Rhode Island General Laws 34-22-2. Delivery and recording of disclaimer and renunciation
Any renunciation or disclaimer shall be valid and effective according to its terms when signed by the person disclaiming or renouncing the power and delivered to any other person having any legal or equitable interest, vested or contingent, in the property subject to the power; provided, however, that if the property, or any part thereof, shall consist of real estate situated in this state, the disclaimer or renunciation shall not take effect with respect to the real estate unless and until the renunciation or disclaimer shall be acknowledged and recorded in the records of land evidence in the town or city in which the real estate, or some part thereof, is situated.
History of Section.
G.L. 1938, ch. 488, § 1; P.L. 1944, ch. 1486, § 1; G.L. 1956, § 34-22-2.
Terms Used In Rhode Island General Laws 34-22-2
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- real estate: may be construed to include lands, tenements, and hereditaments and rights thereto and interests therein. See Rhode Island General Laws 43-3-10
- town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9