SUBSTITUTION
substitution.1. A designation of a person or thing to take the place of another person or thing.
2. The process by which one person or thing takes the place of another person or thing. [Cases: Federal Civil Procedure 351; Parties 57. C.J.S. Parties ¡ì¡ì 76¨C78.]
3. Parliamentary law. An amendment by replacing one or more words with others. See amendment by substituting under AMENDMENT(3).
4. Roman law. The nomination of a person to take the place of a previously named heir who has refused or failed to accept an inheritance.
¡ª Also termed common substitution; vulgar substitution.
5. Roman law. The nomination of a person to take the place of, or to succeed, a descendant who is under the age of puberty and in the potestas of the testator, if the descendant has died before reaching puberty. ? This type of substitution was known as a pupillary substitution. If a descendant of any age failed to take by reason of lunacy, the substitution was known as an exemplary substitution or quasi-pupillary substitution.
6. Roman law. A testator’s designation of a person to whom the property was to be given by the person named as heir, or by the heir of that person.
¡ª Also termed fideicommissary substitution. See FIDEICOMMISSUM.
7. Civil law. The designation of a person to succeed another as beneficiary of an estate, usu. involving a fideicommissum.
¡ª Also termed fideicommissary substitution. [Cases: Wills 553. C.J.S. Wills ¡ì¡ì 1071, 1076.]
prohibited substitution. Louisiana law. The designation of a person who is not a trustee to take full ownership of property and deliver it to another designated person at death. ? The first donee is called the institute, the second the substitute. See INSTITUTE(5); SUBSTITUTE(2).
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