Page:Black's Law Dictionary (Second Edition).djvu/565

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HEREDITAS

whether he wonid accept or decline. (potestus delibei-midi.) the reason for this precaution being that (prior to Justinian's enactment to the contrary) a hieres after his aditio was llable to the full extent of the debts of the deceased person, and could have no relief therefrom. except in the case of a dairmum cmcr_v/cns or (lamnosa, luzredlilas, L e., an hrvreditus which disclosed (after the aditio) some enormous unsuspected liability. Brown.

In nld English law. An estate transmissible by descent; an inheritance. Co. Lil:t. 9.

—l'{aareditas dnnuioaa. A burdensome inheliiauce; one uiiicb would be a burden instead of a benefit. that is, the debts to be paid by the heir would exceed the as ‘.—Haredi- his jacens. A vacant inheritance. So long as no one bad acquired the inheritance, it was termed “lurrcditaa ia,caM;” a this, by a legal fin-lion. represented the person of the decedent. l\Iackeld. Rom. Law, 5 737. The estate of a person deceased. Where the owner _left no heirs or legalee to take it. called also "caduca;" an eschentcd cstnte. Cod. 10. 10. 1: 4 Kent. Comm. 425. The term has also been used in English law to signify an estate in obey- ance; that is. after the ancestor's death, and before assumption of heir. Co. Litt. 3421:. An Lulieritance without legal owner, and therefore open to the dist occupant. 2 Bl. Comm. 259. —Haereditas legitima. A succession or inhci-itance devolving by operation of law (inteslate succession) rather than by the will of Hi!’ ricer-dent. ‘f']l"l{PIll. Rom. Law. 51' 6'54. —Eaer~ed.ita.a lnctuosa. A sad or monrnful inlie-ritaure or succession; as that of a parent to the estate of a chi" , wbich was regarded as ilisturbin,-z the natural order of mortality. (turlmlr; oz-dine morinlifatis.) God. 6. 25. 9; 4 I\enL Comm. 397.—HHaredil:ns testament ' Testamentary inheritance. that is. succession to an estate under and according to the last will and testamenit of the decedent. 63

H S‘

Mackcld Rom. Law. § ' .

Him-erlitnu, nlla. cor-pm-alin, nun incorpnrnlis; cox-poralis est, qnae tang! potent at videri; incorpor-slip qua; tasngl non 110- test nee v-ideri. Co. Litt. 9. An inheritance is either corporeal or iucorporeal. Corporeni is that which can be touched and seen: icnorporeal. that which can neither be touched nor seen.

Eaareditas est imccessio hi nniversnni

Ins quad defnnctns habuerit. C0. Litt.

237. inheritance is the succession to every right which the deceased had.

I-Izaredltns nilul aliud est, qnam snu- cessio in universrim ;II-rs, qund defunchis habuerit. The right of iiiiierihnr-e is nothing else than the faculty of succeeding to all the rights of the deceased. Dig. 50, 17. 62

Haareditas nnnqnsm aueendit. An inheritance never ascends. (llanv._l.ih. 7. c. 1: 2 Bl. Comm. 21.1. A maxim of feudal ormln. and which invariahiy prevailed in the law of England down to the passage of the statute 3 & 4 Wm. IV. C. 106. § 6, by whirh it was abrogated. 1 Steph. Comm. 373. See Broom. Max. 527. 528.

I-Imredurn appellatione veniunt haredel haredum in inflnitn-. By the title

557

HERES

of heirs. come the heirs of heirs to infinity. Go. Litt. 9.

HIEBES. In Human law. [he heir. or universal successor in the event of death. The heir is he who actively or passively succeeds to the entire property of the estate lenver. He is not only the successor to the rights and claims, but also to the estate-leaver‘s debts, and in relation to his estate is to be regarded as the identical person of the estate-leaver, iuasnnich as he represents him in all his active and passive relations to his estate. Mackeld. Rom. Law, § 651.

It should he remarked that the office. pow- ers, and duties of the hares. in Roman law. were much more closeiy assimilated to those of a modern executor than to those of an bcir at law. Hence “heir” is not nt nil an accurate translation of "Imzrcs.” unless it be understand in a special. technical sense.

In common law. An heir: he to whom lands, tenements, or hereditnments by the act of God and right of blond do descend, of some estate of inheritance. Co. Litt. Tb.

—I'Iaares nstraxlns. In old English law. An heir in actual possession.—I-hares de facto. In old English law. Heir from fact; that is. from the deed or act of his ancestor. uitliout or against right. An heir ‘m fact, as distinguished from an heir de jure, or by law. —l'-[Hares ex asse. In the civil law. An heir to the whole estate: a sole heir. Inst. 2, 23. 9.—HHares extl-nsnnus. In the civil law. A strange or foreign hcir; one who was not sub- ject to the power of the testzitor, or person who made him heir. Om", testatoris jun" oubjec-ti mm sunt. eaztrunci ’iL’1'€d€S' umielloniur. Inst.

19. 3.—H2ere: fnctns. In the civil law. Ari heir mode by will;atestamenti1ry heir; the person created universal successor by will. Story, Omfl. Laws. § 507; 3 Bl. Comm. 2'24. Other- wise called "lI(L‘7‘(;3 an testamenta." aiirl "lm-res in.m‘tutus." Inst. 2. 9, 7; Id. 2. 14-!-Ina:-es fideicummissarins. In the ciiil law. The person for whose benefit an estate was given to another (termed “Iuzrcs fidiu:ierius." (q. 7;.) by will. Inst. 2" '. 7 9. Answering nearly to the cu in‘ qua trust of the English law.—Escres fidnclnrins. A fiduciary heir, or heir in trust; I. person cnnstitiited lieir by will. in trust for the benefit or an- other. called the “fidcicommissru-ii:.9."—II:nres institntus. A testamentary lieir: one appointed by the will of the decedent.—l'-Iaares legltimns. A lawful hcir: one pointed out as such by the marriage of his p:irents.—H:nres nntuu. In the civil law. An heir born; one born heir, as distinguished from one made hcii-. (Iurrcs foetus. q. 1- :) an bcir at law. or hv intr-stacv. (a-b iii1‘u.st1ito.') the next of kin by blond. in cases of intcstary. Story. (‘nnfl. Laws, § 507, 3 B . (‘omm. 22-1-— Hares necessarins. In the civil law. A necessary or COllJ['lI1l'<(\'I'Y heir. This name was given to the heir “hon. being a slave. lie was named “heir” in the * sta- K ment. because on the death of the tr»-rater.

whether he would or not. he at once inecame

free, and was compelled to assume thc ht-irship.

Inst. 2. 19. L—}I.'nx‘edes pr-oximi. Nearest or

next heir The children or descendants of the

deceased. Hares 1-ectns. In old English

hw. A ri_.-lit heir. Flets. lib. 6. c. 1. § ]1.—

I-Iaaz-edes x-emntiores. l\Im'e remote he" The liinsmcn other than cliiidren nr descent]-

nnt-1.—Haax*eI 511115. In the civil law. A

man's mun heir; a decedent‘s prop:-r or natural

heir This name was fiien to the iineai de-

sr-nndrints of the deceased. Inst. 3. 1. +5.-

Haredes In! et necessnrli. In Roman law.

Own and necessary heirs; 5. 5., the lineal de-M