Hæredi-tas jacens

A vacant inheritance

So long as no one had acquired the inheritance, it was termed "hœreditas jacens;" and this, by a legal fiction, represented the person of the decedent.

Mackeld. Roin. Law, § 737.

The estate of a person deceased, Where the owner left no heirs or legatee to take it, called also "caduca;" an escheated estate.

Cod 10. 10, 1; 4 Kent, Comm. 425.

The term has also been used in English law to signify an estate in abeyance ; that is, after the ancestor's death, and before assumption of heir.

Co.. Litt. 342b.

An inheritance without legal owner, and therefore open to the first occupant.

2 Bl. Comm. 259.

Hœreditas legitima

A succession or inheritance devolving by operation of law (intestate succession) rather than by the will of the decedent.

Mackeld. Rom. Law, § 654.

Hœreditas luctuosa

A sad or mournful inheritance or succession ; as that of a parent to the estate of a child, which was regarded as disturbing the natural onier of mortality. (turbato ordme mortalitatis.) Cod. 6, 25, 9; 4 Kent, Comm. 397.

Hœreditas testamentaria

Testamentary inheritance, that is, succession to an estate under and according to the last will and testament of the decedent.

Mackeld Rom. Law, § 654.