heir

heir
/er/
See heirs
@ heir apparent
An heir whose right of inheritance is indefeasible, provided he outlive the ancestor; as in England the eldest son, or his issue, who must, by the course of the common law, be heir to the father whenever he happens to die. One who, before the death of the ancestor, is next in the line of succession, provided he be heir to the ancestor whenever he happens to die.
See also apparent heir
@ heir at law
At common law, he who, after his ancestor dies intestate, has a right to all lands, tenements, and hereditaments which belonged to him or of which he was seised. The same as "heir general." A deceased person's "heirs at law" are those who succeed to his estate of inheritance under statutes of descent and distribution, in absence of testamentary disposition, and not necessarily his heirs at common law, who are persons succeeding to deceased's realty in case of his intestacy. In re Towndrow's Will, 47 N.M. 173, 138 P.2d 1001, 1003.
As the term is used in wrongful death statute, means lineal descendants. Howlett v. Greenberg, 34 Colo.App. 356, 530 P.2d 1285, 1287.
See also descent; heir, legal
@ heir beneficiary
In the civil law, one who has accepted 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 left to them, to-wit, unconditional 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 La. art. 883. If the heir apprehend that the succession will be burdened with debts beyond its value, he accepts with benefit of inventory, and in that case he is responsible only for the value of the succession.
@ unconditional heir
Unconditional heirs are those who inherit without any reservation, or without making an inventory, whether their acceptance be express or tacit.
See also heir beneficiary
@ heir by adoption
By statute in most all jurisdictions, an adopted child takes all the rights of succession to intestate property as those of a natural born child unless a contrary intention is clearly expressed. Statutes differ however as to whether such adopted child may in addition inherit from its natural parents or family
@ heir by custom
In old English law, one whose right of inheritance depends upon a particular and local custom, such as gavelkind, or borough English
@ heir by devise
One to whom lands are devised by will; a devisee of lands. Answering to the haeres factus (q.v.) of the civil law
@ heir collateral
One who is not lineally related to the decedent, but is of collateral kin; e.g., his uncle, cousin, brother, nephew
See also collateral heir
@ heir conventional
@ conventional heir
In the civil law, one who takes a succession by virtue of a contract or settlement entitling him thereto
@ heirdom
/erdam/
Succession by inheritance
@ heiress
/eras/ A female heir to a person having an estate of inheritance. When there are more than one, they are called "co-heiresses," or "co-heirs."
@ heir expectant
See heir apparent
@ heir, forced
@ forced heir
One who cannot be disinherited.
@ heir general
An heir at law. The ordinary heir by blood, succeeding to all the lands
@ heir hunter
Those whose business or occupation consists in tracking down missing heirs
@ heir, legal
@ legal heir
The person to whom the law would give the decedent's property, real and personal, if he should die intestate.
In legal strictness, the term signifies one who would inherit real estate, but it is also used to indicate one who would take under the statute of distribution.
See also descent
- heir at law
@ heirless estate
The property of one who dies intestate leaving no heirs in which case there generally is escheat (q.v.)
@ heirlooms
/erluwmz/
In general, valued possessions of great sentimental value passed down through generations within a family.
In old English law, such goods and chattels as, contrary to the nature of chattels, shall go by special custom to the heir along with the inheritance, and not to the executor.
The termination "loom" (Sax.) signifies a limb or member; so that an heirloom is nothing else but a limb or member of the inheritance. They are generally such things as cannot be taken away without damaging or dismembering the freehold; such as deer in a park, doves in a cote, deeds and charters, etc
@ heir, male
@ male heir
In English law, the nearest male blood-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 line
@ heir of the blood
An inheritor who succeeds to the estate by virtue of consanguinity with the decedent, either in the ascending or descending line, including illegitimate children, but excluding husbands, wives, and adopted children.
@ heir of the body
An heir begotten or borne by the person referred to, or a child of such heir; any lineal descendant of the decedent, excluding a surviving husband or wife, adopted children, and collateral relations; bodily heir.
May be used in either of two senses:
In their unrestricted sense, as meaning the persons who from generation to generation become entitled by descent under the entail; and in the sense of heirs at law, or those persons who are descendants of him whom the statute of descent appoints to take intestate estate
@ heir presumptive
The person who, if the ancestor should die immediately, would, in the present circumstances of things, be his heir, but whose right of inheritance may be defeated by the contingency of some nearer heir being born; as a brother or nephew, whose presumptive succession may be destroyed by the birth of a child
@ heir, pretermitted
One who, except for an unambiguous act of the ancestor, would take his property on his death.
@

Black's law dictionary. . 1990.

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  • heir — / ar/ n: one who inherits or is entitled to succeed to the possession of property after the death of its owner: as a: one who by operation of law inherits the property and esp. the real property of a person who dies without leaving a valid will… …   Law dictionary

  • Heir — ([^a]r), n. [OE. heir, eir, hair, OF. heir, eir, F. hoir, L. heres; of uncertain origin. Cf. {Hereditary}, {Heritage}.] 1. One who inherits, or is entitled to succeed to the possession of, any property after the death of its owner; one on whom… …   The Collaborative International Dictionary of English

  • heir — [eə ǁ er] noun [countable] LAW the person who has the legal right to receive another person s money, property, or business after that person has died: heir to • Taki is heir to a Greek shipping fortune. * * * heir UK US /eər/ noun [C] ► LAW …   Financial and business terms

  • heir — c.1300, from Anglo Fr. heir, O.Fr. oir heir, successor, from L. heredem (nom. heres) heir, heiress (see HEREDITY (Cf. heredity)). Heir apparent (late 14c.) has the French order of noun adjective, though it was not originally so written in English …   Etymology dictionary

  • heir — An heir apparent is an heir whose claim cannot be set aside by the birth of another heir. An heir presumptive is an heir whose claim may be set aside if another heir with a stronger claim is born. Heir apparent is often used now of a person… …   Modern English usage

  • heir — [ er ] noun count ** 1. ) someone who will receive money, property, or a title when another person dies: a real estate heir heir to: Hesketh was the heir to a grocery fortune. heir to the throne (=the next king or queen): Richard was now heir to… …   Usage of the words and phrases in modern English

  • heir — [eə US er] n [Date: 1300 1400; : Old French; Origin: Latin heres] 1.) the person who has the legal right to receive the property or title of another person when they die heir to ▪ John was the sole heir to a vast estate. heir to the throne (=the… …   Dictionary of contemporary English

  • Heir — Heir, v. t. To inherit; to succeed to. [R.] [1913 Webster] One only daughter heired the royal state. Dryden. [1913 Webster] …   The Collaborative International Dictionary of English

  • heir — [n] person who inherits possessions beneficiary, crown prince/princess, devisee, grantee, heritor, inheritor, next in line, scion, successor; concepts 355,414 Ant. heiress …   New thesaurus

  • heir — ► NOUN 1) a person legally entitled to the property or rank of another on that person s death. 2) a person who continues the work of a predecessor. DERIVATIVES heirship noun. ORIGIN Old French, from Latin heres …   English terms dictionary

  • heir — [er] n. [ME < OFr < L heres: see HEREDITY] 1. a person who inherits or is legally entitled to inherit, through the natural action of the law, another s property or title upon the other s death 2. anyone who receives property of a deceased… …   English World dictionary

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