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It is not only important, but, in a degree necessary, that the people of this country, should have an American Dictionary of the English language; for, although the body of the language is the same as in England, and it is desirable to perpetuate that sameness, yet some differences must exist. Language is the expression of ideas; and if the people of one country cannot preserve an identity of ideas, they cannot retain an identity of language. |
PRESUMP'TIVE, a. Taken by previous supposition; grounded on probable evidence.
Presumptive evidence, in law, is that which is derived from circumstances which necessarily or usually attend a fact, as distinct from direct evidence or positive proof.
Presumptive evidence of felony should be cautiously admitted.
Presumptive heir, one who would inherit an estate if the ancestor should die with things in their present state, but whose right of inheritance may be defeated by the birth of a nearer heir before the death of the ancestor. Thus the presumptive succession of a brother or nephew may be destroyed by the birth of a child. Presumptive heir is distinguished from heir apparent, whose right of inheritance is indefeasible, provided he outlives the ancestor.
Based on
presumption or probability; grounded on probable evidence; probable;
as, presumptive proof.
Presumptuous; arrogant.
[R.] Sir
T. Browne.
Presumptive evidence (Law), that which is derived from circumstances which necessarily or usually attend a fact, as distinct from direct evidence or positive proof; indirect or circumstantial evidence. "Presumptive evidence of felony should be cautiously admitted." Blackstone. The distinction, however, between direct and presumptive (or circumstantial) evidence is now generally abandoned; all evidence being now more or less direct and more or less presumptive. -- Presumptive heir. See Heir presumptive, under Heir. | ||||||||