Heir

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. Thus, the w’ord does not strictly apply to personal estate. Wms. Per. Pr. Ordinarily used to designate those persons who answer this description at the death of the testator. In Its strict and technical import applies to the person or persons appointed by law to succeed to the estate in case of Intestacy.

2 Bla. Com. 201; Rawson v. Rawson, 52 111. 62; Kellett v. Shepard, 139 111, 433, 28 N. E. 751* 34 N. E. 254; Dukes v. Faulk, 37 S. C. 255, 16 S. E. 122, 34 Am. St. Rep. 745.

The term heir has a very dlf Teront 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.

See H.«:res. 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 Bla, Com. 208; and the word heir may be used in a contract to designate the representative of a living person; Lockwood v. Jesup, 9 Conn, 272. A monster cannot be heir; Co. Litt. lb; nor at common law could a bastard; 2 Kent 208. See Bastaed; Descent and Distribution. In the word heirs is comprehended heirs of heirs in infinitum; Co. Litt. 7 b, 9 a; Wood, Inst. 6^ The words “heir” and “heirs” are interchangeable, and embrace all legally entitled to partake of the inherit- According to many authorities, h^r may be nomen co Uectivum, 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; Cro. Eliz, 313; 1 Burr. 38.

But see 2 Brest. 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; Reen v. Wagner, 51 N. J. Eq. 1, 26 Atl. 467; and statutory next of kin; 41 L. T. Rep. N. S. 209; Tyson v. Tyson, 9 N. C. 472; the word “hoir” can be con.strued as “distributees” or “representatives”: Eby’s Appeal, 84 Ba. 245; and childi’en; Ambl. 273; Lott v. Thompson, 36 S. C. 38, 15 S. E. 278; Baxter v. Winn, 87 Ga. 2.39, 13 S. E. 634; Franklin v. Franklin, 91 Tenn. 119, 18 S. W. 61; Barton v. Tuttle, 62 N. H. 558; Underwood v. Robbins, 117 Ind. 308, 20 N. E. 230; it can be construed to mean “heirs of his body”; Benson v. Linthicum, 75 Md. 144, 23 Atl, 133; and grandchildren; Woodruff v. Bleasants, 81 Va. 40. When heir is used in a policy of life insurance or a benefit certificate, or in the constitution or by-laws of a benefit society, it Is usually construed to mean all persons designated as distributees under Intestate statutes; Estate of Comly, 136 Fa. 153, 20 Atl. 397; Kendall v. Gleason, 152 Mass. 457, 25 N. E. 838, 9 L. R. A. 509; Tompkins v. Levy & Bro., 87 Ala. 263, 6 South. 346, 13 Am. St. Rep. 31; Lee v. Baird, 132 N. C. 755, 44 S. E. 605; Thomas v. Covert, 126 Wis. 503, 105 N. W. 022, 3 L. R. A. (N. S.) 904, 5 Ann. Cas. 456. The widow Is usually held to be included; Thomas v. Covert, 126 Wis. 50.3, 105 N. W. 922, 3 L. R. A. (N. S.) 904, 6 Ann. Cas. 456; Knights Templars & Masonic Mut. Aid Ass’n v. Gi’eene, 79 Fed. 461; Hanson v. Relief Ass’n, 59 Minn. 123, 60 N. W, 1091; Northwestern Masonic Aid Ass’n of Chicago v. Jones, 154 Ba. 99, 26 Atl. 253, 35 Am. St. Rep. 810; Lyons v. Yerex, 100 Mich. 214,.58 N. W. 1112, 43 Am. St. Rep. 452; Alexander v. Aid Ass’n, 126 111.

558, 18, N. E. 556, 2 L. R. A. 161; Mullen v. Reed, 64 Conn. 240, 29 Atl. 478, 24 L. R. A. 604, 42 Am. St. Rep. 174.

She is an heir of her deceased husband only in a special and limited sense and not in the general sense in which that term is usually understood; Reynolds v. Stockton, 140 U. S. 270, 11 Sup. Ct 773, 35 L. Ed. 464. Her right to share in a policy payable to “legal heirs” was denied where the insured left a child; Phillips v. Carpenter, 79 la. 600, 44 N. W. 898; and where a statute gave her half of her husband’s personal estate as statutory dower; Johnson v. Knights of Honor, 53 Ark. 255, 13 S. W. 794, 8 L. R. A. 732. On the death of a wife during the Ufe of her husband, where insurance was to be paid to her, her heirs and assigns, he was held one of her heirs; U. B. Mut. Aid Society v. beneficiary society; Schonfield v. Turner, 75 Tex. 324, 12 S. W. 626, 7 L. R. A. 189. See Expectancy; Shelley’s Case, Rule in. In Civil Law. He who succeeds to the rights and occupies the place of a deceased person. See the following titles, and H^bes.