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Haeres

The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

The Cyclopedic Law Dictionary

In Roman law. One, who succeeds to the rights and occupies the place of a deceased person, being appointed by the will of the decedent. It is to b^ observed that the Roman haeres had not the slightest resemblance to the English "heir." He corresponded in character and duties almost exactly with the "executor" under the English law. The institution of the haeres was the essential characteristic of a testament. If this was not done, the instrument was called a codicillus.

Mackeld. Civ. Law, §§ 632, 650.

HAERES ASTRARIUS (Law Lat.) In old English law. An heir in actual possession. HAERES DE FACTO (Law Lat.) In old English law. Heir from fact; that is, from the deed or act of his ancestor, without or against right. Applied to an heir whose title originated in the wrongful act of his ancestor. An heir in fact, as distinguished from an heir de jure, or by law. Bracton, fol.

172.