survivor

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survivor

n. a person who outlives another, as in "to my sons, Arnold and Zeke, or the survivor." The survivor is determined at the time the asset or property is received, so if both sons are alive they are both survivors.

See: heir

survivor

one of two or more specified persons having joint interests in property who lives longer than the other or others and thereby becomes entitled to the whole property.

SURVIVOR. The longest liver of two or more persons.
     2. In crises of partnership, the surviving partner is entitled to have all the effects of the partnership, and, is bound to pay all the debts owing by the firm. Gow on Partn. 157; Watson on Partn. 364. He is, however, bound to account for the surplus to the representatives of his deceased partners, agreeably to their respective rights.
     3. A surviving trustee is generally vested with all the powers of all the trustees, and the surviving administrator is authorized to act for the estate as if he had been sole administrator. As to the presumption of survivorship, when two or more persons have perished by the same event, see Civ. Code of Lo. art. 930 to 933 and vide Death; Cro. Eliz. 503; 1 Bl. Rep. 610 2 Phillim. Rep. 261; S. C. 1 Eccl. Reports, 250; Fearne on Rem. iv.; Poth. on Obli. by Evans, vol. 2, p. 346; 8 Ves. 10; 14 Ves. 578 17 Ves. 482; 6 Taunt. 213; Cowp. 257; 5 Ves. 485. Vide, generally, 2 Fonb. Eq. 102; 8 Vin. Ab. 323; 20 Vin. Ab. 146; 8 Com. Dig. 475, 594; 1 Suppl. to Ves. jun. 115, 186, 407, 8, 2 Suppl. to Ves. jun. 47, 296, 340, 391,477; 1 Fodere, Med. Leg. Sec. 424-483.
     4. The right of survivorship among joint-tenants has been abolished, except as to estates held in trust, in Pennsylvania, New York, Kentucky, Virginia, Indiana, Missouri, Tennessee, Alabama, Georgia, North and South Carolina. Vide Estates in Joint-tenancy. In Connecticut it never existed. 1 Swift's Dig. 102 see 1 Hill. Ab. 440. As to survivorship among legatees, see 1 Turn. & R. 413; 1 Br. C. C. 574; 3 Russ. 217. See Death; Estates in Joint- tenancy; Joint-tenants; Partnership.

References in classic literature ?
Nine died all together, and of the four survivors none understood navigation; when at last they took heart again and could handle a sail, they made a course by the stars roughly northward and were already short of food once more when they fell in with a petrol-driven ship from Rio to Cardiff, shorthanded by reason of the Purple Death and glad to take them aboard.
In fact, the dead men in the canoe we had left astern after the battle and the survivors who were paddling rapidly toward their shore were the first he ever had seen.
Well, considerin' that there are no railroads and no steamers you might as well talk about survivors in the moon," said Lord John.
Not a survivor came back to tell what had happened.
Nor did his misfortunes end with the voyage; for the ship was cast ashore on an island of the South Pacific, and it was six years afterward when the survivors were taken off by a venturesome trading schooner and brought back to San Francisco.
A yell of execration and a scream of hideous laughter burst from the vast throng, as they saw the faces of the last survivors of their enemies peering down at them from the height of the keep.
Billy Murphy, and Joe Lloyd, and all the survivors of the old guard, got around me and their arms around me.
As soon as death had thinned the jam, Garthwaite, still grasping my arm, led a rush of survivors into the wide entrance of an office building.
peace was signed between the survivors of the war; the thunder of the guns gradually ceased, the mortars were silent, the howitzers were muzzled for an indefinite period, the cannon, with muzzles depressed, were returned into the arsenal, the shot were repiled, all bloody reminiscences were effaced; the cotton-plants grew luxuriantly in the well-manured fields, all mourning garments were laid aside, together with grief; and the Gun Club was relegated to profound inactivity.
If they will only hold their hands until the season is over, he promises them a royal carnival, when all grudges can he settled and the survivors may toss the non-survivors overboard and arrange a story as to how the missing men were lost at sea.
Could the best and kindest of us who depart from the earth have an opportunity of revisiting it, I suppose he or she (assuming that any Vanity Fair feelings subsist in the sphere whither we are bound) would have a pang of mortification at finding how soon our survivors were consoled.
Events which I have yet to relate make it necessary to mention in this place that my father had been dead some years at the period of which I am now writing; and that my sister Sarah and I were the sole survivors of a family of five children.

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