Descent

Descent in United States

Descent Definition

Hereditary succession. Title by descent is the title by which one person, upon the death of another, acquires the real estate of the latter as his heir at law. 2 Bl. Comm. 201; Comyn, Dig. “Discent” (A). It was one of the principles of the feudal system that, on the death of the tenant in fee, the land should descend, and not ascend. Hence the title by inheritance is in all cases called descent, although by statute law the title is sometimes made to ascend. The English doctrine of primogeniture, by which by the common law the eldest son and his issue take the whole real estate, has been universally abolished in this country. So, with few exceptions, has been the distinction between male and female heirs. Descent is either “lineal,” as from father to son, or “collateral,” as from brother to brother.

Descent in Foreign Legal Encyclopedias

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Descent Descent in the and Finance and Banking Portal of the American Encyclopedia of Law.
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Descent Descent in the Personal Injury and Tort Portal of the American Encyclopedia of Law.
Descent Descent in the Environmental Law Portal of the American Encyclopedia of Law.

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Legal Issue for Attorneys

Hereditary succession. Title by descent is the title by which one person, upon the death of another, acquires the real estate of the latter as his heir at law. 2 Bl. Comm. 201; Comyn, Dig. “Discent” (A). It was one of the principles of the feudal system that, on the death of the tenant in fee, the land should descend, and not ascend. Hence the title by inheritance is in all cases called descent, although by statute law the title is sometimes made to ascend. The English doctrine of primogeniture, by which by the common law the eldest son and his issue take the whole real estate, has been universally abolished in this country. So, with few exceptions, has been the distinction between male and female heirs. Descent is either “lineal,” as from father to son, or “collateral,” as from brother to brother.

Notice

This definition of Descent Is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

Descent in State Statute Topics

Introduction to Descent And Distribution (State statute topic)

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