Succession in United States
Succession Definition
In Louisiana. The right and transmission of the rights and obligations of the deceased to his heirs. The estate, rights, and charges which a person leaves after his death, whether the property exceed the charges, or the charges exceed the property, or whether he has left only charges without property. The succession not only includes the rights and obligations of the deceased as they exist at the time of his death, but all that has accrued thereto since the opening of the succession, as also of the new charges to which it becomes subject. That right by which the heir can take possession of the estate of the deceased, such as it may be.
(1) Irregular succession is that which is established by law in favor of certain persons, or of the estate in default of heirs, either legal or instituted by testament.
(2) Legal succession is that which is established in favor of the nearest relations of the deceased.
(3) Testamentary succession is that which results from the constitution of the heir, contained in a testament executed in the form prescribed by law. See “Heir;” “Descent;” Poth. des Success.; TouUier, Dr. Civ. lib. 3, tit. 1. In Common Law. The mode by which one set of persons, members of a corporation aggregate, acquire the rights of another set which preceded them. This term in Strictness is to be applied only to such corporations. 2 Bl. jComm. 430. In Stirpes. The lineal descendants, infinitum, of any person deceased, shall represent their ancestor who stand in the same place as the person himself would have done had he been living. These representatives take neither more nor less, but just so much as their principals would have done. 114 111. 605. See “Per Stirpes; Stirpes.”
Succession in Foreign Legal Encyclopedias
| Link | Description |
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| Succession | Succession in the World Legal Encyclopedia. |
| Succession | Succession in the European Legal Encyclopedia. |
| Succession | Succession in the Asian Legal Encyclopedia. |
| Succession | Succession in the UK Legal Encyclopedia. |
| Succession | Succession in the Australian Legal Encyclopedia. |
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Legal Issue for Attorneys
In Louisiana. The right and transmission of the rights and obligations of the deceased to his heirs. The estate, rights, and charges which a person leaves after his death, whether the property exceed the charges, or the charges exceed the property, or whether he has left only charges without property. The succession not only includes the rights and obligations of the deceased as they exist at the time of his death, but all that has accrued thereto since the opening of the succession, as also of the new charges to which it becomes subject. That right by which the heir can take possession of the estate of the deceased, such as it may be.
(1) Irregular succession is that which is established by law in favor of certain persons, or of the estate in default of heirs, either legal or instituted by testament.
(2) Legal succession is that which is established in favor of the nearest relations of the deceased.
(3) Testamentary succession is that which results from the constitution of the heir, contained in a testament executed in the form prescribed by law. See “Heir;” “Descent;” Poth. des Success.; TouUier, Dr. Civ. lib. 3, tit. 1. In Common Law. The mode by which one set of persons, members of a corporation aggregate, acquire the rights of another set which preceded them. This term in Strictness is to be applied only to such corporations. 2 Bl. jComm. 430. In Stirpes. The lineal descendants, infinitum, of any person deceased, shall represent their ancestor who stand in the same place as the person himself would have done had he been living. These representatives take neither more nor less, but just so much as their principals would have done. 114 111. 605. See “Per Stirpes; Stirpes.”
Notice
This definition of Succession is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.