Heir

At Common Law. 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. The term "heir" has a very different 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; Story, Confi. Laws, § 508.

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 Bl. Comm. 208.

A monster cannot be heir.

Co. Litt. 7b.

A bastard cannot be heir.

2 Kent, Comm. 208.

In the word "heirs" is comprehended heirs of heirs in infinitum.

Co. Litt. 7b, 9a;, Wood. Inst. 69.

According to many authorities, heir may be wowew collectivum, 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; Godb. 155; T. Jones, HI; 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) and children (Ambl. 273). See, further, as to the force and import of this word, 2 Vent. 311; 1 P. Wms. 229; 2 P. Wms. 1, 369; 3 Brown, Pari. Gas. 60, 454; 2 W. Bl. 1010; 4 Ves. 26, 766, 794; 2 Atk. 89, B80; 5 East, 533; 5 Burrows, 2615; 11 Mod. 189. In Civil Law. He who succeeds to the rights and occupies the place of a deceased person.

See Haeres.