heir
heir
heir
E0047400 (âr)heir
(ɛə)heir
(ɛər)n.
| 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 |
| 单词 | heir | ||||||||||||||
| 释义 | heirheirheirE0047400 (âr)heir(ɛə)heir(ɛər)n.
heirheir(eə) – feminine ˈheiress – nounheir→ 继承人zhCNheirfall heir to (something)fall heir to somethingheirheir,person designated by law to succeed to the ownership of propertyproperty,rights to the enjoyment of things of economic value, whether the enjoyment is exclusive or shared, present or prospective. The rightful possession of such rights is called ownership. ..... Click the link for more information. of another if that owner does not make a contrary disposition of it by willwill, in law, document expressing the wishes of a person (known as a testator) concerning the disposition of her property after her death. If a person dies intestate, i.e. ..... Click the link for more information. . A person who takes property left to him by will is not an heir but a legatee. The property that the heir receives is his inheritance. Originally the common law confined the term heir to an inheritor of real estate; the persons to whom the personal property of the deceased went were called the next of kin. The group of heirs of a person may differ from the group that the law recognizes as his next of kin, but the law that dictates the constitution of both is now largely statutory, and in many states of the United States the statutes have abolished all distinction. When titletitle, in law, the means by which the owner has just and legal possession of his or her property. It is distinct from the document (e.g., a deed) that is evidence of the title. ..... Click the link for more information. to property is in a living person and his heirs, the meaning is merely that the person has absolute ownership of the property and can do with it what he wishes. No person may be the heir of a living person; the relationship arises only at the death of another. If the other person is still living, the person who may become an heir is called an heir apparent or heir presumptive. An heir presumptive is in the same position as an heir apparent except that his claim may be superseded, as by the birth of one more closely related to the owner. These terms are much used with regard to dynastic succession; an heir apparent is in such connection the undisputed heir to the throne if he survives the incumbent; an heir presumptive is one who will inherit the throne if nothing intervenes—especially the birth of a child to the incumbent. heirheirHeirAn individual who receives an interest in, or ownership of, land, tenements, or hereditaments from an ancestor who has died intestate, through the laws of Descent and Distribution. At Common Law, an heir was the individual appointed by law to succeed to the estate of an ancestor who died without a will. It is commonly used today in reference to any individual who succeeds to property, either by will or law. An heir of the body is an heir who was either conceived or born of the individual who has died, or a child of such heir. This type of heir is anyone who descends lineally from the decedent, excluding a surviving spouse, adopted children, and collateral relatives. Ordinarily, property can be given by will to anyone named or can be shared by all heirs, but historically, the owner of an entail could only pass his or her property on to heirs of the body. This type of inheritance is largely abolished by statute today. heirn. one who acquires property upon the death of another, based on the rules of descent and distribution, namely, being the child, descendant or other closest relative of the dear departed. It also has come to mean anyone who "takes" (receives something) by the terms of the will. An heir cannot be determined until the moment of death of the person leaving the property, since a supposed beneficiary (heir apparent) might die first. A presumptive heir is someone who would receive benefits unless a child was later born to the current owner of the property the presumptive heir hopes to get someday. A legally adopted child gains the chance to be an heir upon adoption as if he/she were the natural child of the adoptive parent or parents, and is called an adoptive heir. A collateral heir is a relative who is not a direct descendant, but a brother, sister, uncle, aunt, cousin, nephew, niece, or a parent. It is noteworthy that a spouse is not an heir unless specifically mentioned in the will. He/She may, however, receive an inheritance through marital property or community property laws. A child not mentioned in a will can claim to be a pretermitted heir, i. e. inadvertently or accidentally omitted from the will, and can claim he/she would (should) have received as an heir. (See: descent and distribution, heir apparent, heirs of the body, pretermitted heir, will) heirHEIR. 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. HEIR. APPARENT. One who has an indefeasible right to the inheritance, provided he outlive the ancestor. 2 Bl. Com. 208. 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 successionwill 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, CONVENTIONAL, civil law. A conventional heir is one who takes a succession by virtue of a contract; for example, a marriage contract, which entitles the heir to the succession. HEIR, FORCED. Forced heirs are those who cannot be disinherited. This term is used among the civilians. Vide Forced heirs 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. heirHeirheirheirOne who inherits property. HEIR
heir
Synonyms for heir
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