Also known as:defuncts · defunctus · deceased · extinct
Written by attorneys · grounded in primary & secondary sources — see below
An adjective describing an entity or interest that is no longer existing or functioning.
Sources & Authorities· 14 primary sources
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Cases
Statutes
Uniform Acts
How it applies
Common Examples
6
Defunct Spouse Estate Division
Deborah Dunn died leaving a fee tail estate. Her surviving spouse claimed dower rights. A defunct executory interest from a prior conveyance restricted the claim. The court subordinated the dower because the interest survived the spouse's death.
Defunct Parent Intestate Shares
Darius Dixon died intestate. His defunct parents left surviving descendants. The estate divided into shares under the statute. One share passed to each surviving parent before distribution to the descendants.
Defunct Fee Tail Limitation
Deanna Davenport held a fee tail preserved for one lifetime. Upon her death her surviving spouse asserted curtesy. A defunct remainder limited upon the estate reduced the claim. The court applied the subordination rule to the spouse's interest.
Diane Dawson died with no surviving parents. Her defunct parents had descendants who survived. The balance of the intestate estate passed by representation. The descendants received the remaining shares under the statute.
Defunct Conditional Fee Interest
Dominic Drake held a fee simple conditional. After his death his surviving spouse sought dower. A defunct executory interest that had not been destroyed limited the claim. The court recognized the spouse's interest only after the executory interest.
Defunct Fee Tail Subordination
Delilah Duran died owning a fee tail. Her surviving spouse claimed curtesy in the land. A defunct possibility of reverter restricted the estate. The court held the curtesy subordinate to that interest.
Common questions
Frequently Asked
3
What does defunct mean when describing a legal entity?+
It means the entity no longer exists or functions, as with a defunct corporation or committee that has ceased operations due to death or retirement of members.
Supporting sources
How does defunct differ from deceased in estate contexts?+
Deceased refers to a person who has died. Defunct extends to entities or interests that have become extinct or inoperative, such as a defunct security firm or committee.
Supporting sources
Can a defunct committee excuse compliance with covenants?+
Yes. When a committee becomes defunct through death and retirement without a succession mechanism, impracticability may discharge the approval requirement under the covenants.
384 U.S. 436 (1966)Evidence
…Stewart was isolated with his interrogators. During the ninth interrogation session, Stewart admitted that he had robbed the deceased and stated that he had not meant to hurt her. Police then brought Stewart before a magistrate for the first time. Since there was no evidence to connect them with any crime, the police then…