Page:Black's Law Dictionary (Second Edition).djvu/1127

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SUCCESSIO 1119 BUDDEN HEAT OF PASSION SUCCESSIO. Init. In the civil law. A d_cath of his ancestor acquires his estate by right of representation as his hclr at law.

coming in place or another. on his decease; a coming into the estate which a deceased person had at the time or his death. This was either by virtue of an express appoint- ment of the deceased person by his will. (em m-tmnen-10,) or by the general appointment of law in case or intestacy, (ab intestate.) Inst. 2, B, 7 ; Ileinecc. Elem. lib. 2, tit. 10.

SUCCESSION. In the civil law and in Louisiana. 1. The fact or the ir I ' of the rights, estate, obligations, and charges of a deceased person to his heir or heirs.

2. The right by which the heir can take possession of the decedent's estate. The right of the heir to step into the place of the deceased, with respect to the possession. control, enjoyment, admiiiisiration, and settlement or all the latter’s property, rights, obligations, charges, etc.

3. The estate of a deceased person, comprising all kinds of property owned or claim- ed by him, as well as his debts and obliga- iious, and considered as a legal entity (according to the notion of the Roman law) for certain purposes. such as collecting assets and paying debts. See Davenport v. Adler, 52 La. Ann. 263, 26 South. 836: Adams v. Aber- lund, 168 Iii. 632, 48 N. E. 454; Quurles v. Ciavton, 87 Tenn. 308, 10 B. W. 505. 3 L. R. A. 170; State v. Payne. 129 Mo. -168. 31 S. W. 797. 33 L. R. A. 576; Blake v. l\IcCai'mey. 3 Fed. Cas. 596; In re Headen's Estate. 52 Cal. 208.

Succcssion is the transmission of the rights and obligations of the deceased to the heirs.

Succession signifies also the estates, rights, and charges which a ‘person leaves after his death, whether the pl‘(mcl’ty exceeds the charges or the charges exceed the property, or whether he has only loft charges without any property.

The succession not only includes the rights and obligations of the deceased as they exist at the time of his death, but all that has accrued thcreto since the opening of the succession, as also the new charges to which it becomes subject. _ _

Finniiy. succession signifies also that nght by which the heir can take possession of the estate of the deceased. such as it may he. Civ. Code La. arts. 871-8 .

Succession is the coming in of another to mire the property of one who dies without disposing of it by will. Civ. Code Cai. § 1353; (‘iv. Code Dali. § 776.

In common law. The right by which one set or mcn IIJILV, by succeeding another set, acquire fl property in all the goods, moi-nbics, and other chattels or a corporation. 2 Bi. Comm. 430. The power of perpetual scwceau siun. is one or the peculiar properties of a corporation. 2 Kent, Comm. 267. See Pina- PETUAL.

—'A1 “‘ ' 1 succession. That attribute of a coi1i0rahou by which. in _contemplation of law, the company itself .....ains aiuays the same thong.-h its constituent members or stockholders may rhnnge from time to time. See Thomas V. Dukin. 22 Wcnd. (N. Y.) _100.—I-Iereditary succession. Descent or title by dt-scent at common law: the title whereby a man on the

See In re Donahue’s Estate. 36 Cal. 332; Bar- clay v. Cameron, 25 Tex. 2‘:i1.—I)1teStfl.tB succession. The succession of an heir at law to the property and estate of his anccstor when the latter has died intestate, or leaving 1 will which has been annuilcd or set aside. Civ. C_u(ie In. 1900. art. 100(i.—Iu-egular succession. That which is established by law in favor of certain persons, or of the state, in default of heirs. either legal or instituted by testament. Civ. Code . 1900. art. 878.-— Legal succession. That which the law establishes in favor of thc nearest l'EL'lfiDlJ of s. ’ person " ‘ V ' Succession taking place between natural persons, for example, in descent on the death of an ancestor. Thomas v. Dakin, 22 Wood. (N. Y.) 100.—Succession duty. In Enflish law. This is a duty. (varying from one to ten per cent..)_p:iyabie under the siatutc 16 & 17 Vict. c. 51, in respect chiefly of real estate and lease- holds, but generally in respect of all pro erty (not_ already chargeable with lrmncy duty devolving upon anv one in (‘nnsnqncnce of any death. Bl‘DW‘lJ.—S'nl:ceasion tax. A tax imposed upon the succession to, or devolution of, real property by devise, deed, or iati-state succession. See Ferry v. Campbell. 110 Iowa, 290. 81 N. W. 604: 50 L. R. A. 9" §chole_V . 346. 23 L. Ed. State . 237. 45 S. TN 5. 40 L R. A. 280. 6:’) AD]. St. Rep. 6:13; Peters v. L_i ncbbnrg, 78 Va. 92.’).—'1‘est:inientnx-y luccession. In the civil law, that which resuits from tbs institution of an hair in a (esta- ment executed in the form prescribed by law. Civ. Code La. 1900. art. 87G.—Vnca.nt succession. A succession is called "vacant" when no one claims it, or when all the heirs are un- lmown, or when all the known heirs to it have renounced it. Civ. Code Lo. srt. 109:1. mons v. Sani. 138 U. S. 439, 11 Bup. Ct. 369, 34 L Ed. 1054.

SUCCESSDR. One who succeeds to the rights or the place of another; particularly, the person or persons who constitute a corporation after the death or removal or those who preceded them as corporators.

One who has been appointed or elected to

hold an offilce after the term of the present incumbent. —Sing-ulnr successor. A term borrowed from line civil law, donating a person uho succeeds to the rights of a former owner in a single article of property. (as by purl,-h so.) as distinguisbed from a uniwrsal sucr-es r, who succeeds to all the rights and powers of a former owner, as in the case of a. bankrupt or intestate estate.


Snccurx-itur minnri; facilis est Inpsns juventutin. A minor is [to he] aided; a mistake or youth is easy, [youth is liable to err.] Jenk. Cent. p. 47. case 89.

SUCKEN, SUCHEN. In Scotch law. The whole lands astricted to a mill: that is, the lands of which the tcnzints are obliged to send their grain to that mill. Bell.

SUDDEN HEAT OF PASSION. In the common-isw definition or mansinugiiter, this phrase means an access of rage or anger, suddenly arising from a contemporary provocation. It means that the provoi-itinn must

arise at the time or the killing, and that the