residuary, a. and n.
(rɪˈzɪdjuːərɪ)
[ad. L. type *residuāri-us: see residuum and -ary.]
A. adj.
1. Law. a. Of the nature of the residue of an estate. Also transf.
| 1726 Ayliffe Parergon (J.), 'Tis enough to lose the legacy, or the residuary advantage of the estate left him by the deceased. 1743 Swinburne's Testaments i. (ed. 6) 40 The Testator devised the residuary Part of his Estate to two Executors. 1827 Jarman Powell's Devises II. 102 A residuary bequest..operates upon all the personal estate, of which a testator is possessed at the time of his death. 1859 Mill Diss. & Disc. (1875) II. 210 The labourer,..a mere bought instrument in the work of production, having no residuary interest in the work itself. |
b. residuary legatee or residuary devisee, one to whom the residue of an estate is left. Also transf.
| 1743 Swinburne's Testaments vi. (ed. 6) 415 Where an Executor and residuary Legatee dies before Probate, his Executor shall have the Administration. a 1794 Ld. Camden in Powell's Devises (1827) II. 45 Where the intention of a testator is to devise the residue exclusive of a part given away, the residuary devisee shall not take that part in any event. 1838 W. Bell Dict. Law Scot. 858 He is in effect a residuary legatee since he is entitled to the whole estate after paying the testator's debts and legacies. 1858 Ld. St. Leonards Handy-Bk. Prop. Law xx. 154 Where a gift is to a charity of an estate, which is void, the estate will go to the residuary devisee. 1865 Dickens Mut. Fr. i. ii, If the son had not been living, the same old servant would have been sole residuary legatee. 1962 S. E. Finer Man on Horseback viii. 123 The Justice party..in a sense was the residuary legatee of the old Democrats. 1967 E. Rudinger Wills & Probate 11 The wife is probably the residuary legatee. |
c. residuary clause, a clause by which a residue is devised.
| 1818 Cruise Digest (ed. 2) VI. 226 In the residuary clause, the testator had made use of the most expressive and comprehensive words. |
2. Of the nature of a residuum or remainder of any kind: a. With reference to chemical processes, scientific observations, etc.
| 1793 Beddoes Obs. Obesity 97 The oils, ammoniac, and carbone appear to be formed from the residuary azote and carbone. 1800 Phil. Trans. XC. 197 The residuary gas being transferred into another tube. 1858 Bushnell Serm. New Life 378 Mere residuary substances of a dry and fruitless life. 1881 Nature XXIV. 515/1 The haze observed in miniatures examined by high magnifying power is an invaluable indication of spherical residuary aberration. |
b. In general use. spec. residuary powers, powers remaining with one political group after other powers have been allocated to another group, e.g. as between a federal government and a province.
| 1798 J. Adams in Ludlow Hist. U.S. (1862) 64 Immediately we shall see a Pennsylvania party and a Virginia party arise in the residuary confederacy. 1833 Carlyle Misc. (1857) III. 185 Picking up a few residuary snips. 1853 Kane Grinnell Exp. xxxii. (1856) 275 We celebrated it by an extra dinner..and a couple of our residuary bottles of wine. 1881 Westcott & Hort Grk. N.T. Introd. §2 A small fraction of the whole residuary variation. 1919 G. B. Shaw Let. in Irish Statesman 22 Nov. 536/2 The meaning of residuary powers and the importance of the Australian precedent in their bearing on the Irish national question. 1950 Theimer & Campbell Encycl. World Politics 163/2 In some federations..the powers of the federal government are named in the constitution and all other powers (the residuary powers) belong to the regions. |
3. Applied to the Established Church of Scotland after the Disruption in 1843. Obs. or arch.
| 1843 Witness 19 May 2/7 (heading) Residuary Assembly... After the Evangelical Party had left the House [etc.]. 1845 J. Bright in Hansard Commons 16 Apr. 882/2 Even in Scotland..there were the Secession Church, the Relief Church, and the Free Church; that which the State upheld being called by the complimentary name of the Residuary Church. 1883 R. Cleland Inchbracken iii. 22 The ‘Residuary’ Presbytery, as you are pleased to denominate the church of your fathers. |
B. n. A residuary legatee. rare. Also fig.
| 1817 Lamb Let. to Field in Final Mem. x. 102 Of course you have heard of poor Mitchell's death, and that G. Dyer is one of Lord Stanhope's residuaries. 1920 E. Gosse in Edin. Rev. Jan. 47 He was the residuary of his own temperament. |