Death

Definition of transfer on death (TOD)

Meaning of transfer on death (tod), related to United States investment and financial law, in the American Legal Dictionary. See also related words and terms of transfer on death (tod) below.

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Further Reading

• Information about transfer on death (tod) in: John Downes and Jordan Elliot Goodman, “Dictionary of finance and investment terms” (Hauppauge, New York, Barron's, 2014)
• Information about transfer on death (tod) in: Jerry Martin Rosenberg, “Dictionary of investing” (New York, Wiley)
• Information about transfer on death (tod) in: Campbell R. Harvey's Hypertextual Finance Glossary

Death

In the Past

The cessation of life.

Developments

It is either natural, as when it happens in the usual course, without any violence; or violent, when it is caused either by the acts of the deceased or those of others. Natural death will not be here considered further than may be requisite explaining the way in which violent death occurs. A violent death is either accidental or criminal; and the criminal (see more about this popular legal topic in the U.S. encyclopedia) act was committed by the deceased or by another.

Details

The subject will be considered, 1. As it relates to medical jurisprudence; and, 2. With regard to its effects upon the rights of people.

Other Aspects

It is the office of medical jurisprudence, by the light and information which it can bestow, to aid in the detection of crimes against the people of others, in order to subject them to the punishment which is awarded by the criminal (see more about this popular legal topic in the U.S. encyclopedia) law. Medical men are very frequently called upon to make examinations of the bodies of people. who have been found dead, for the purpose of ascertaining the causes of their death. When it is recollected that the honor, the fortune and even the life of the citizen, as well as the distribution of impartial justice, frequently depend on these examinations, one cannot but be struck at the responsibility which rests upon such medical men, particularly when the many qualities which are indispensably requisite to form a correct judgment, are considered. In order to form a – correct opinion, the physician must be not only skilled in his art, but he must have made such examinations his special study. A man may be an enlightened physician and yet he may find it exceedingly difficult to resolve, properly, the grave and almost always complicated questions which arise in cases of this kind. Judiciary annals, unfortunately, afford but too many examples of the fatal mistakes made by physicians and others, when considering cases of violent deaths.

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In the examination of bodies of people who have come to a violent death, every precaution should be taken to ascertain the situation of the place where the body was found; as to whether the ground appears to have been disturbed from its natural condition; whether there are any marks of footsteps, their size, their number, the direction to which they lead and whence they came -whether any traces of blood or hair can be found – and whether any and what weapons or instruments, which could have caused death, are found in the vicinity; and these instruments should be carefully protectd so that they may be identified. A case or two may here be mentioned, to show the importance of examining the ground in order to ascertain the facts. Mr. Jeffries was murdered at Walthamstow, in England (see more about this legal system) , in 1751, by his niece and servant. The perpetrators were suspected from the single circumstance that the dew on the ground surrounding the house had not been disturbed on the morning of the murder. Mr. Taylor, of Hornsey, was murdered in December, 1818 and his body thrown into the river. It was evident he, had not gone into the river willingly, as the hands were found clenched and contained grass, which, in the struggle, he had torn from the bank. The marks of footsteps, particularly in the snow, bave been found, not unfrequently, to correspond with the shoes or feet of suspected people and led to their detection. Paris, Med. Jur. vol. iii. p. 38, 41.

Other Issues

In the survey of the body the following rules should be observed: 1. It should be as thoroughly examined as possible without changing its position or that of any of the limbs; this is particularly desirable when, from appearances, the death has been caused by a wound, because by moving it, the altitude of the extremities may be altered or the state of a fracture or luxation changed; for the internal parts vary in their position with one another, according to the general position of the body. When it is requisite to remove it, it should be done with great caution. 2. The clothes should be removed, as far as necessary and it should be noted what compresses or bandages (if any) are applied to particular parts and to what extent. 3. The color of the skin, the temperature of the body, the rigidity or flexibility of the extremities, the state of the eyes and of the sphincter muscles, noting at the same time whatever swellings, ecchymosis or livid, black or yellow spots, wounds, ulcer, contusion, fracture or luxation may be present. The fluids from the nose, mouth, ears, sexual organs, etc., should be examined; and, when the deceased is a female, it may be proper to examine the sexual organs with care, in order to ascertain whether before death she was ravished or not. 1 Briand, Med. Leg. 2eme partio, ch. 1, art. 3, n. 5, p. 318. 4. The clothes of the deceased should be carefully examined and if parts are torn or defaced, this fact should be noted. A list should also be made of the articles found on the body and of their state or condition, as whether the purse of the deceased had been opened; whether he had any money, etc. 5. The state of the body as to decomposition should be, particularly stated, as by this it may sometimes be ascertalued when the death took place; experience proves that in general after the expiration of fourteen days After death, decomposition has so far advanced, that identity cannot be ascertained, excepting in some strongly developed peculiarity; but in a drowned body, adipocire is not produced until five or six weeks after death but this depends upon circumstance's and varies according to climate, seasun, etc. It is exceedingly important, however to keep this fact in view in some judicial inquiries relative to the time of death. 1 Chit. Med. Jur. 443. A memorandom should be made of all the facts as they are ascertained when possible, it should be made on the ground, but when this cannot be done, as when chemical experiments are to be made or the body is to be dissected, they should be made in the place where these operations are performed. 1 Beck's Med. Jur. 5; Dr. Gordon Smith, 505; Ryan's Med. Jur. 145; Dr. Male's Elem. of Judicial and For. Med. 101; 3 Paris & Fonbl. Med. Jur. 23 to 25; Vilanova Y Manes, Materia criminal (see more about this popular legal topic in the U.S. encyclopedia) Forense, Obs. 11, cap. 7, n. 7; Trebuchet, Medecine Legale, 12, et seq; 1 Briand, Med. Leg. 2eme partie, ch. 1, art. 5. Vide article Circumstances.

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In examining the law as to the effect which death has upon the rights of others, it will be proper to consider, 1. What is the presumption of life or death. 2. The effects of a man's death.

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It is a general rule, that people who are proved to have been living, will be presumed to be alive till the contrary is proved and when the issue is upon the death of a person, the proof of the fact lies upon the party who asserts the death. 2 East, 312; 2 Rolle's R. 461. But when a person has been absent for a long time, unheard from, the law will presume him to be dead. It has been adjudged, that after twenty-seven years 3 Bro. C. C. 510; twenty years in another case; sixteen years; 5 Ves. 458; fourteen years; 3 Sergeant & Rawle's Pennsylvania Reports (Reports of Cases adjudged in the Supreme Court (see decisions, judges, etc) of Pennsylvania, by Thomas Sergeant and William Rawle), 390 twelve years; 18 John. R. 141; seven years; 6 East, 80, 85; and even five years Finchs R. 419; the presumption of death arises. It seems that even seven years has been agreed as the time when death may in general be presumed. 1 Phil. Ev. 159. See 24 Wend. R. 221; 4 Whart. R. 173. By the civil law, if any woman marry again without certain intelligence of the death of her hushand, how longsoever or her hushand be absent from her, both she and The person who married her must be punished as adulterers. Authentics, 8th Coll.; Ridley's View of the Civ. and Ecc. Law, 82.

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The survivorship of two or more is to be proved by facts and not by any settled Iegal rule or prescribed presumption. 5 B. Adolp. 91; 27 E. C. L. R. 45; Cro. Eliz. 503 Bac. Ab. Execution D; 2 Phillim. 261; 1 Mer. R. 308; 3 Hagg. Eccl. R. 748; But see 1 Yo. & Coll. C. N. 121; 1 Curt. R. 405, 406, 429. In the following cases, no presumption of survivor-ship was held to arise; where two men, the father and son, were hanged about the same time and one was seen to struggle a little longer than the other; Cor. Eliz. 503; in the case of General Stanwix, who perished at sea in the same vessel with his daughter; 1 Bl. R. 610; and in the case of Taylor and his wife, who also perished by being wrecked at sea with her, to whom he had bequeathed the main part of his fortune. 2 Phillim. R. 261; S. C. 1 Eng. Eccl. R. 250. Vide Fearne on Rem. iv.; Poth. Obl. by Evans, vol. ii., p. 345; 1 Beck's Med. Jur. 487 to 502. The Code Civil of Fance has gived for most, perhaps all possible cases, art. 720, 721 and 722. The provisions have been transcribed in the Civil Code of Louisiana (see more about this State laws here) , in these words:

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Art. 930. If several people respectively entitled to inherit from one another, happen to perish in the same event, such as a wreck, a battle or a conflagration, without any possibility of ascertaining who died first, the presumption of survivorship is decided by the circumstances of the fact. Art. 931. lu defect of the circumstances of the fact, the determination must be guided by the probabilities resulting from the strength, ages, and-difference of sex, according to the following rules. Art. 932. If those who have perished together were under the age of fifteen years, the eldest must be presumed to have survived. If both were of the age of sixty-years, the youngest must be presumed to have survived. If some were under fifteen years and some above sixty, the first must be presumed to have survived. Art. 933. If those who perished together, were above the age of fifteen years and under sixty, the male must be presumed to have survived, where there was an equality of age or a difference of less than one year. If they were of the same sex, the presumption of survivorship, by which the succession becomes open in the order of nature, must be admitted; therefore, the younger must be presumed to have survived the elder. The death of a man, as to its effects on others, may be considered with regard, 1. To his contracts. 2. Torts committed by or against him. 3. The disposition of his estate; and, 4. To the liability or discharge of his bail. [1]

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Notes and References

1. Partialy, this information about death is based on the Bouvier?s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier?s Law Dictionary, including death.

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