Heir in United States

Heir Definition

At Common Law. He who is bom or begotten in lawful wedlock, and upon whom the law casts the estate in lands, tenements, or hereditaments immediately upon the death of his ancestor. The term heir has a very different signification at common law from what it has in those states and countries which have adopted the civil law. In the latter, the term applies to all persons who are called to the succession, whether by the act of the party, or by operation of law. The person who is created universal successor by a will is called the testamentary heir; and the next of kin by blood is, 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 is authorized to administer both the personal and real estate. 1 Brown, Civ. Law, 344; Story, Confi. Laws, § 508. No person is heir of a living person. A person occupying a relation which may be that of heirship is, however, called heir apparent or heir presumptive. 2 Bl. Comm. 208. A monster cannot be heir. Co. Litt. 7b. A bastard cannot be heir. 2 Kent, Comm. 208. In the word heirs is comprehended heirs of heirs in infinitum. Co. Litt. 7b, 9a; , Wood. Inst. 69. According to many authorities, heir may be wowew collectivum, as well in a deed as in a will, and operate in both in the same manner as the word heirs. 1 Rolle, Abr. 253; Ambl. 453; Godb. 155; T. Jones, HI; Cro. Eliz. 313; 1 Burrows, 38; 10 Viner, Abr. 233. But see 2 Prest. Est. 9, 10. In wills, in order to effectuate the intention of the testator, the word heirs is sometimes construed to mean the next of kin (1 Jac. & W. 388) and children (Ambl. 273). See, further, as to the force and import of this word, 2 Vent. 311; 1 P. Wms. 229; 2 P. Wms. 1, 369; 3 Brown, Pari. Gas. 60, 454; 2 W. Bl. 1010; 4 Ves. 26, 766, 794; 2 Atk. 89, B80; 5 East, 533; 5 Burrows, 2615; 11 Mod. 189. In Civil Law. He who succeeds to the rights and occupies the place of a deceased person. See Haeres.

Heir in Foreign Legal Encyclopedias

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Heir	Heir in the World Legal Encyclopedia.
Heir	Heir in the European Legal Encyclopedia.
Heir	Heir in the Asian Legal Encyclopedia.
Heir	Heir in the UK Legal Encyclopedia.
Heir	Heir in the Australian Legal Encyclopedia.

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Legal Issue for Attorneys

At Common Law. He who is bom or begotten in lawful wedlock, and upon whom the law casts the estate in lands, tenements, or hereditaments immediately upon the death of his ancestor. The term heir has a very different signification at common law from what it has in those states and countries which have adopted the civil law. In the latter, the term applies to all persons who are called to the succession, whether by the act of the party, or by operation of law. The person who is created universal successor by a will is called the testamentary heir; and the next of kin by blood is, 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 is authorized to administer both the personal and real estate. 1 Brown, Civ. Law, 344; Story, Confi. Laws, § 508. No person is heir of a living person. A person occupying a relation which may be that of heirship is, however, called heir apparent or heir presumptive. 2 Bl. Comm. 208. A monster cannot be heir. Co. Litt. 7b. A bastard cannot be heir. 2 Kent, Comm. 208. In the word heirs is comprehended heirs of heirs in infinitum. Co. Litt. 7b, 9a; , Wood. Inst. 69. According to many authorities, heir may be wowew collectivum, as well in a deed as in a will, and operate in both in the same manner as the word heirs. 1 Rolle, Abr. 253; Ambl. 453; Godb. 155; T. Jones, HI; Cro. Eliz. 313; 1 Burrows, 38; 10 Viner, Abr. 233. But see 2 Prest. Est. 9, 10. In wills, in order to effectuate the intention of the testator, the word heirs is sometimes construed to mean the next of kin (1 Jac. & W. 388) and children (Ambl. 273). See, further, as to the force and import of this word, 2 Vent. 311; 1 P. Wms. 229; 2 P. Wms. 1, 369; 3 Brown, Pari. Gas. 6
0, 454; 2 W. Bl. 1010; 4 Ves. 26, 766, 794; 2 Atk. 89, B80; 5 East, 533; 5 Burrows, 2615; 11 Mod. 189. In Civil Law. He who succeeds to the rights and occupies the place of a deceased person. See Haeres.

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Notice

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

Practical Information

Note: Some of this information was last updated in 1982

One who inherits or is entitled to inherit. See will (in U.S. law); legacy (in U.S. law).

(Revised by Ann De Vries)

What is Heir?

For a meaning of it, read Heir in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Heir.

Basic Meaning of Heir

Heir means: one who inherits, or is entitled to receive property by will or laws intestacy.

Heir