Public-domain · open source
OpenJurist

Haeres

Defined in 3 dictionaries — Cyclopedic (1922), Ballentine's (1916), Kinney (1893)

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

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.

Ballentine's Law Dictionary

James A. Ballentine · 1916

An heir.

A Law Dictionary and Glossary

George C. Kinney · 1893

heres, pi. baeredes, I.

In old English law. An heir; a person who takes an estate of inheritance by the act of God and right of blood. Haeredem Deus facit, non homo: God makes the heir, not man. Hseres astrarlus: an heir in actual possession. Haeres de facto: heir from fact; an heir, i. e. from the deed or act of the ancestor, without, or against right Hs Bres est alter ipse, et Alius est pars patris: an heir is another self, and a son is part of the ' father. Hseresest ant jure proprietatis ant jure representatioiiis: an heir is either by right of property, or right of representation. Haeres est eadem persona cum antecessore: an heir is the same person with his ancestor. Haeres est nomen co Uectivum: heir is a collective name or noun. Hajres est nomen juris; Alius est nomcn naturae: heir is a name or term of law; son is a naine of nature. Haeres est pars antecessoris: an heir is a part of the ancestor. Haeres haeredis mei est meus haeres: the heir of my heir is my heir. Haeres legitimus: a lawful heir; — est quem nnptia demonstrant: he is a lawful heir whom marriage points out as such; who is born in wedlock.

In old English law. Haeres rectus: a right heir.

In the civil law. An heir; one who succeeds to the whole right or estate of a testator. Heredis appellatio non solum ad proximum heredem, sed et ad ulteriores refertur; nam et heredis heres, et belongs not only to the next for the hen- of an hen-, and term heir. Hseres ex asse: Hseres extranens: a strange ject to the power of the Haeres factns: an heir made created universal successor person for whose benefit Hseres flduciarins: a fiduciary stituted heir to an estate by who was called y Wei person born heir, as necessarius: a necessary because, on the death of the a necessary heir. Hseres heir.