|n.||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 law bestows the title or property of another at the death of the latter.|
|2.||One who receives any endowment from an ancestor or relation; |
|v. t.||1.||To inherit; to succeed to.|
|Noun||1.||heir - a person who is entitled by law or by the terms of a will to inherit the estate of another|
|2.||heir - a person who inherits some title or office|
HEIR. One born in lawful matrimony, who succeeds by descent, and right of
blood, to lands, tenements or hereditaments, being an estate of inheritance.
It is an established rule of law, that God alone can make an heir. Beame's
Glanville, 143; 1 Thomas, Co. Lit. 931; and Butler's note, p. 938. Under the
word heirs are comprehended the heirs of heirs in infinitum. 1 Co. Litt. 7
b, 9 a, 237 b; Wood's Inst. 69. According to many authorities, heir may be
nomen collectivuum, as well in a deed as in a will, and operate in both in
the same manner, as heirs in the plural number. 1 Roll. Abr. 253; Ambl. 453;
Godb. 155; T. Jones, 111; Cro, Eliz. 313; 1 Burr. 38; 10 Vin. Abr. 233, pl.
1; 8 Vin. Abr. 233; sed vide 2 Prest. on, Est. 9, 10. In wills, in order to
effectuate the intention of the testator, the word heirs is sometimes
construed to mean next of kin; 1 Jac. & Walk. 388; and children, Ambl. 273.
See further, as to the force and import of this word, 2 Vent. 311; 1 P. Wms.
229; 3 Bro. P. C. 60, 454; 2 P. Wms. 1, 369; 2 Black. R. 1010; 4 Ves. 26,
766, 794; 2 Atk. 89, 580; 5 East Rep. 533; 5 Burr. 2615; 11 Mod. 189; 8 Vin.
Abr. 317; 1 T. R. 630; Bac. Abr. Estates in fee simple, B.
2. There are several kinds of heirs specified below.
3. By the civil law, heirs are divided into testamentary or instituted heirs legal heirs, or heirs of the blood; to which the Civil Code of Louisiana has added irregular heirs. They are also divided into unconditional and beneficiary heirs.
4. It is proper here to notice a difference in the meaning of the word heir, as it is understood by the common and by, the civil law. By the civil law, the term heirs was applied to all persons who were called to the succession, whether by the act of the party or by operation of law. The person who was created universal successor by a will, was called the testamentary heir; and the next of kin by blood was, in cases of intestacy, called the heir at law, or heir by intestacy. The executor of the common law is, in many respects, not unlike the testamentary heir of the civil law. Again, the administrator in many respects corresponds with the heir by intestacy. By the common law, executors unless expressly authorized by the will and administrators, have no right, except to the personal estate of the deceased; whereas, the heir by the civil law was authorized to administer both the personal and real estate. 1 Brown's Civ. Law, 344; Story, Confl. of Laws, Sec. 508.
5. All free persons, even minors, lunatics, persons of insane mind or the like, may transmit their estates as intestate ab intestato, and inherit from others. Civ. Code of Lo., 945; Accord, Co. Lit. 8 a.
6. The child in its mother's womb, is considered as born for all purposes of its own interest; it takes all successions opened in its favor, after its conception, provided it be capable of succeeding at the moment of its birth. Civ. Code of Lo. 948. Nevertheless, if the child conceived is reputed born, it is only in the hope of its birth; it is necessary then that the child be born alive, for it cannot be said that those who are born dead ever inherited. Id. 949. See In ventre sa mere.
HEIR, BENEFICIARY. A term used in the civil law. Beneficiary heirs are those who have accepted the succession under the benefit of an inventory regularly made. Civ. Code of Lo. art. 879. 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. See inventory, benefit of.
HEIR, COLLATERAL. A collateral heir is one who is not of the direct line of the deceased, but comes from a collateral line; as, a brother, sister, an uncle and aunt, a nephew, niece, or cousin of the deceased.
HEIR, GENERAL. Heir at common in the English law. The heir at common law is he who, after his father or ancestor's death has a right to, and is introduced into all his lands, tenements and hereditaments. He must be of the whole blood, not a bastard, alien, &c. Bac. Abr. Heir, B 2; Coparceners; Descent.
HEIR, IRREGULAR. In Louisiana, irregular heirs are those who are neither testamentary nor legal, and who have been established by law to take the succession. See Civ. Code of Lo. art. 874. When the deceased has left neither lawful descendants nor ascendants, nor collateral relations, the law calls to his inheritance either the surviving husband or wife, or his or her natural children, or the state. Id. art., 911. This is called an irregular succession.
HEIR, LEGAL, civil law. A legal heir is one who is of the same blood of the deceased, and who takes the succession by force of law; this is different from a testamentary or conventional heir, who takes the succession in virtue of the disposition of man. See Civil, Code of Louis. art. 873, 875; Dict. de Jurisp., Heritier legitime. There are three classes of legal heirs, to wit; the children and other lawful descendants; the fathers and mothers and other lawful ascendants; and the collateral kindred. Civ. Code of Lo. art. 883.
HEIR, TESTAMENTARY, civil law. A testamentary heir is one who is constituted heir by testament executed in the form prescribed by law. He is so called to distinguish him from the legal heirs, who are called to the succession by the law; and from conventional heirs, who are so constituted by a contract inter vivos. See Haeres factus; Devisee.
HEIR, UNCONDITIONAL. A term used in the civil law, adopted by the Civil Code of Louisiana. Unconditional heirs are those who inherit without any reservation, or without making an inventory, whether their acceptance be express or tacit. Civ. Code of Lo. art. 878.aftermath, apparent heir, backup man, beneficiary, beneficiary heir, breed, brood, children, conclusion, consequence, coparcener, descendant, descendants, descent, dynasty, effect, family, fideicommissary heir, fiduciary heir, fruit, grandchildren, great-grandchildren, heir apparent, heir expectant, heir general, heir in tail, heir of entail, heir of inventory, heir of line, heir portioner, heir presumptive, heir whatsoever, heiress, heirs, heritor, hostages to fortune, inheritor, inheritors, inheritress, inheritrix, issue, joint heir, kids, legatee, line, lineage, little ones, new generation, next in line, offspring, orphan, posterity, presumptive heir, progeny, relict, remainderman, replacement, reversioner, rising generation, seed, sequel, sons, succession, successor, survivor, treasures, widow, widower, younglings, youngsters