Heirs in the United States
Introduction to Heirs
See also heir U.S. legal topic and Haeres.
Meaning of Heirs
The following is an old definition of heir [1]:
1. At common law, he upon whom the law casts the estate immediately on the death of the ancestor. Correlative, ancestor, see, in this resource, the term Uncontrolled by the context, the person appointed by law to succeed to the real estate in case of intestacy. Simply one who succeeds to the estate of a deceased person. Whoever succeeds to property of an intestate. In a will, unexplained and uncontrolled by the context, construed according to its strict technical import, — the person who, by the statute of descent, would succeed to the real estate in case of intestacy. A term of description of a class of persons who, in the prescribed contingency, take the estate. He upon whom the law casts an estate of inheritance immediately on the death of the owner. The primary meaning is, the person related to one by blood, who would take the latter’s real estate if he died intestate. The proper primary meaning of “” next of kin “” is, the person related by blood, who takes personal estate of one who dies intestate. In New York “” heirs,”” applied to the successors of personality, means next of kin, and does not therefore include a widow or a husband of an intestate. In a few cases in other States “heirs,” applied to personality, has been held to mean those who by the statute of distributions take the personality ,in case of intestacy. There is much confusion in the English cases upon the subject.
No rule can be stated under which all the decisions can be classified. In general, where there is a gift to a person or his heirs, the word “heirs” denotes succession or substitution; the gift being primarily to the person named, or, if he is dead, then to his heirs in his place. In such cases, it has often been held that the word should be construed to mean the persons who would legally succeed to the property according to its nature or quality; and that the heirs at law would take the realty, and the next of kin or persons entitled to inherit personality would take the personal estate. But where the gift is directly to the heirs of a person, as a substantive gift to them of something which their ancestor was in no event to take, this element of succession or substitution is wanting, and the heirs take as the persons designated in the instrument to take in their own right; and in such cases the courts have usually held that the word “heirs” must receive its common-law meaning – the person entitled to succeed to real case of intestacy. May mean “devisee,” “legatee,” or “distributee.” May be used where there is no subject to be inherited.
A “widow” is an heir in a special, limited senseonly. A “husband” is neither the heir nor next of kin of his wife, in any technical sense. In a devise, “heir” is a word of limitation. See Shelley’s Case. Collateral heir. A relative not of the direct line of descent, but of a collateral line. Heir apparent. He whose right of inheriting is indefeasible, provided he outlives the ancestor. In this sense, “heir” is in popular use. Heir at law; heir at common law, or heir general. He upon whom the law casts the realty of an intestate.1 Heir of the body or natural heir. An heir begotten of the body; a lineal descendant. 2 Heir presumptive. He 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. Heiress. A female heir; but, in law-language, “heir” includes both sexes. To bind his heirs, ani obligor must use the word “heir” or its equivalent; not so, to hind an administrator or an executor. See Adopt, Descent; Heirloom; Hereditament; Inherit; Purchase; Right.
2. In civil law, he who is called to the “succession” (see, in this resource, the term in relation to taxes), whether by the act of the deceased or by operation of law. The universal successor is the “testamentary heir;” and, in cases of intestacy, the next of kin by blood is the “heir by intestacy” or “heir-at-law.” The former corresponds to the executor, the latter to the administrator, of the common law. The “heir” administers both the real and the personal estate. See Haeres. Heirloom.
Such personality as, contrary to the nature of chattels, goes by special custom to the heir along with the inheritance, and not to the executor of the last proprietor. “Loom” is in Saxon geloma, leoma; limb, member; so that “heirloom” is a limb or member of the inheritance Heirlooms are generally such things as cannot be taken away without damaging or dismembering the freehold: as, charters, deeds, and other evidences of title to land, with the chests containing them; chimney-pieces, pumps, old fixed or dormant tables, benches and the like; also, the ancient jewels of the crown. Of the same nature is a monument or tombstone, a pew in a church, and like articles which, by special custom, cannot be devised away from the heir. Or, again, “loom” meant, at first, an implement for weaving, and, later, any household article — a table, cupboard, bedstead, wainscot, and the like. These came to be called “heir-looms” because, by special custom, they went to the heir of the owner at his decease, with the house in which they were used. Heirlooms are properly portraits, coats of arms, paintings, and such like, of the former owners of an inheritance. A bill in equity will lie to the specific delivery of an heirloom to the rightful owner. Heirlooms do not seem to be recognized by the law of this country.
Resources
Notes and References
- Concept of heir provided by the Anderson Dictionary of Law (1889)
Further Reading
- Information about Heirs in the Gale Encyclopedia of American Law.