Page:Black's Law Dictionary (Second Edition).djvu/574

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HEIR Estate, 2 Fed. Cas. 42; McKinney v. Stew- art, 5 Run. 39-l.—I-Ieir beneficiary. In the

civil law. One who has 8CCL'|)[E!d the succession under the benefit of an inventory regularly made. Heirs are divided into two classes. according to the manner in which they accept the successions lcft to them, to-wit. uncondition

and beneficiary heirs. Unconditional heirs are those who inherit without any reservation. or without making an inventory, whether their acceptance be express or tacit. Beneficiary heirs are those who have accepted the succession under the benefit of an inventory regularly made. Civ. Code In. art. 881 .—l-[air by adoption. An adopted child. "who is in a limited sense made an heir. not by the law, but by the contract evidenced by the deed of adoption." In re Sessions’ Estate. 70 Mich. 297. 38 ‘I. IV. 2-19. 14 Am. St. Rep. 500.—l-Ieir lry custom. In English law. One whose right of inheritance depends upon a particular and local custom, such as gaielkind, or borough English. Co. Litt. l40.—Hoir by devise. One to whom lands are devised by wi].l; a devisee of lands. Answering to the hmres fnctus (q. 9.) of the civil law.—I-Ieir collateral. One who is not cslly related to the decedent, but is of col- . eral kin: a. a. his uncle. cousin, brother nephew.—Heir conventional. In the civi law. One viho takes a sucression by virtue of H contract or settlement entitling him thereto. —Heir, forced. One who cannot be disiuherited. See FORCED I:l.sias.—I-Ieir general. An beir at law. The ordinary heir by hlood. suc- 'e(-ding to all the lands. Forrest v. Porch. 100 Tenn. 391, 45 S. W. G7G.—Heir- institute. In Scotch law. One to whom the right of succ is ascertained by disposition or ex- i - deed of the deceased. 1 Forh. Inst. pt. 3. p. 7:'i.—l-Ieir. irregular. In Louisiana. Irregular heiis are those who are neither testa- inentuiar nor legal, and who have been estahlis - --il by low to take the succession. See Civ. Cede La. art. 874. V\"hen there are no direct or collntcrni relatives surviving the decedent, and the succession consequently devolves upon the surviving husband or wife, or lllegitimate children, or the state. it is called an “irreg- ulnr succession."—Heir, legal. In the civil law. A legal heir is one who takes the succession by relationship to the decedent and by force of law. ' ls different from a tes-

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This tamentary or conventional heir, who takes the succession in virtue of the disposition of man. ‘ea Civ. Code La. arts. 873, 815. The tern: is also used in Anglo-American law ln suhstantially the same sense, that is, the person to ulioin the law would give the decedent's prop- I~l‘L\', real and personal. it he should die intestate. Kaiser v. Kaiser. 3 How. Prue. .

‘ (N. Y.) 1 ' Waller v. Martin. ‘lO(' Tenn. . . 61 S. “X . 82 Am. St. Rep. S92. eir, male. In Scotch law. An heir institute, who. though not next in blood to the deceased. is his nearest male relation that can succeed to him. 1 Forb. Inst. pt. 3, p. In English law, the nearest male hlood-relation of the decedent, unless further limited by the words “of his body." which restrict the inheritance to sons. grandsons, and other male descendants in the right lino. See Jordan v. Adams. (5 C. P.. l\'_ S.) 764-: Goodtitle v. Herring East. 275: Ewan v. Cor. 9 N. J. I.-nr. ' conquest. In Search law. One who succeeds to the deceasul in cmnqiirat. 1'. e.. lands or other heritable rights to which the deceased neither did nor could succeed as heir to his predecessor.—Ho.-ir of line. In Scotch law. One who succeeds lineally by right of blood: one who succeeds to the deceased In his heritage: i. 2., lsnds and other heritable rights derived to hlm by succession as heir to his predecessor. 1 Fnrh. Inst. pt. 3, p. 'IT.—Heir of provision. In Scotch law. One who succeeds as heir by iirtue of a particular provision in a deed or instrument.—I-Ieir of tailzie. In Scotch law. He on whom an estate is settled that wouid not

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HEIR

have fallen to him by legal succession. 1 Forb. Inst. DL 3. D. 75.—I'Ieix‘ of the blood. An inheritor wh_o suceeds to the estate by virtue of consanguinity with the decedent. either in the ascending or descendin line. including lllegitimate children, but excuding husbands. ivlres. and adopted children. Hayden v. Barrett. 172 Mass. 472. 52 N. E. '3 . 70 Am. St. Rep ‘2 Baltimore 8: 0. R. Co. v. Patterson, 68

ll . G06. 13 Atl. 3S0.—Heir of the body. An hair begotten or home by the peisou referred to, or a child of such heir: any lines] descendant of the decedent. exclu , a surviving husband or wife. adopted children, and collateral relations. Billcii v. Cartiuell. 10 B. Mon. (I\‘y.) 193; Smith v. Pendell. 19 Conn. 112, 48 Am. Dec. 14‘ Balch v. Johnson. 10“ Tenn. 249. 61 S. W. 280: Clurkson v. Hattou. 1-13 ll-ho. 47. 44 S. W. 761. 39 L R. A. 749. (ii

. St. Rep. 635: Houghton v. Kendall. 7 Allen (Mass.) 72; Roberts v. Osbourne. 3 Ala. 1T8.—Hei:r presumptive. The person “I10, if the nncestor should die immedizilely, would. in the present ' ‘

circumstances of things, be ill heir, but whose right of inheritance may be defeated by the contingency of some nearer heir being born: as a lirotiicr or nephew. uh-is» presumptive succession mav be destroyed by the birth of a child. 2 Bl. Comm. 2! I 1 Steph. Comm. 353: Jones v. Fleming. 3'] Hun (N. Y.) 230.—Heir special. In English law. The issue in tail, who claims per furmlmi (lom'.' hy the form of the gift.—Heir substitute, in a bond. In Scotch law. He to whom a bond is payable expi-essiv in case of the creditors deceiise, or after his death. 1 Forb. Inst. ‘pt. 3, p. 'i'(i.—Heir testamentary. In the civil iaw. One who is named and appointed heir in the testament of the decedent. This name distinguishes him from a legal heir. (one I][‘£‘|l whom the law casts the succession.) and from a conventional heir. (one who takes it by rirtie of a previous contract or settlementl—I-Keir unconditional. In the civil law. One who inlicrits without any reservation, or without making an inventorv, whether his acceptance he express or tacit Distiinzuislied from hcir b€lP.' firim-y.—-Joint heirs. Co-heirs. ’lhe term I! also applied to those who are or will be heirs to both of two designated persons at the death of the survivor of them, the word "joint" i)EllJE here applied to the ancestr-is rather than 114 heirs. See Gardiner v. Fay. 182 Mass. 402. 6.3 N. E. S25.-—Lawful lieirs. In a gencul sense, those whom the law recognizes as tlat heirs of a decedent, but in a special und teal» nical sense. lineal descendants only Ah‘:1Il v. Essex Co.. 18 How. " I‘ : Rollins v. Keel. 115 N. C. Conger v. Lowe 12-1 Ind. 3l‘.‘4. 2-1 N. E. '4 9 L. R. A. 163; Moody v. Snell. 81 Pa. 36- Legitimate heirs. Children born in lawful wedlock and their descendants, not including collateral heirs or issue in indefinile succession. Lytle v. Beveridge. 58 N. 1' (‘I rind v. Beveridge. T Lans. (N. Y . heirs. Heirs by consangu ty as distin- guished from heiis by adoption, and also as distinguished from collateral heirs Ludlum v. Otis. 15 Hun (N. Y.) 414'. Smith v. Pendell. 19 Conn. 112.48 A . ‘ ' Miller v. (‘lion 1:- ill. 78 N. C. 32: ' Ind. 29-}, 31 N. F}. 1047, 17 L. R. A. SW‘- ltiglit hair. This term was foi-nierlv d. in the case of estates tail, to distinguish the preferred heir, to whom the estate was limited. from the heirs in general, to whom. on the fail- ure of the preferred heir and his line, the re mainder over was usually finally limited. With the abolition of estates tail, the term has fallen into desnetude, but when still used. in mndern law, 1!; has no other meaning than "heir at Brown v. \\-'iidswortb. 168 N. . ". . 230; Ballentine v. Wood, 42 I\'. 3. Ida. 5 _, 9 Atl. 532; I\IcCrea'a tate, 5 Pa

Dist. R. 449.