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disinheriting the heir

Defined in 1 dictionary — Case Law

Definitions from Case Law

From 59 U.S. 385 - Wilkins v. Allen · 1855Most cited · 37 citing opinions

the heirs must take, unless they are 'disinherited by express words, or necessary implication.' 'Conjecture, nor uncertainty, shall never disinherit him.'… The rule of law gives the estate to the heir, unless the will takes it from him; and, in order to take it from him, it must give it to some other person… where there are no words of limitation, the court must determine in the case of a devise affecting real estate, that the devisee has only an estate for life, because the principle is fully settled and established, and no conjecture of a private imagination can shake a rule of law.