Definitions from Black's Law Dictionary: 2nd Edition and Ballentine's Law Dictionary as are available for each term in each dictionary.
  • Ballentine's Law Dictionary

    An heir.

  • Black's Law Dictionary: 2nd Edition

    In Roman law. The heir or universal successor in the event of death. The heir is he who actively or passively succeeds to the entire property of the estate-leaver. He is not only the successor to the rights and claims, but also to the estate-leaver's debts, and in relation to his estate is to be regarded as the identical person of the estate-leaver, inasmuch as he represents him in all his active and passive relations to his estate. Mackeld. Rom. Law, § 651. It should be remarked that the office, powers, and duties of the hœres, in Roman law, were much more closely assimilated to those of a modem executor than to those of an heir at law. Hence "heir" is not at all an accurate translation of "hœres," unless it be understood in a special, technical sense. In common law. An heir; he to whom lands, tenements, or hereditaments by the act of God and right of blood do descend, of some estate of inheritance. Co. Litt. 7b.
    —Hœres astrarius. In old English law. An heir in actual possession.
    —Hœres de facto. In old English law. Heir from fact; that is, from the deed or act of his ancestor, without or against right. An heir in fact, as distinguished from an heir de jure, or by law.
    —Hacres ex asse. In the civil law. An heir to the whole estate; a sole heir. Inst. 2, 23, 9.
    —Hœres extranens. In the civil law. A strange or foreign heir; one who was not subject to the power of the testator, or person who made him heir. Qui testatoris juri subjecti non sunt, extranei hœredes appellantur. Inst. 2, 19, 3.
    —Hœres factns. In the civil law. An heir made by will; a testamentary heir; the person created universal successor by will. Story, Co.nfl. Laws, § 507; 3 BL Comm. 224. Otherwise called "hœres et testamento," and "hœres institutus." , Inst. 2, 9, 7; Id. 2, 14.
    —Hœres fideicommissarius. In the civil law. The person for whose benefit an estate was given to another (termed "hœres fiduciarius," (q. v.) by will. Inst. 2, 23, 6, 7, 9. Answering nearly to the cestui que trust of the English law.
    —Hæres fiduciarius. A fiduciary heir, or heir in trust; a person constituted heir by will, in trust for the benefit of another, called the "fideicommissarius."
    —Haeres institutus. A testamentary heir; one appointed by the will of the decedent.
    —Hœres legitimus. A lawful heir; one pointed out as such by the marriage of his parents.
    —Haeres natus. In the civil law. An heir bom; one bom heir, as distinguished from one made heir, (hœres factus, q v ;) an heir at law, or by intestacy, (ab intestato;) the next of kin by blood, in cases of intestacy. Story, Confl. Laws, § 507; 3 Bl. Comm. 224.
    —Hœres necessarius. In the civil law. A necessary or compulsory heir. This name was given to the heir when, being a slave, he was named "heir" in the testament, because on the death of the testator, whether he would or not, he at once became free, and was compelled to assume the heirship. Inst. 2,19, 1.
    —Hœredes proximi. Nearest or next heirs. The children or descendants of the deceased.
    —Hœres rectus. In old English law. A right heir. Fleta, lib. 6, c. 1, § 11.
    — Haeredes remotiores. More remote heirs. The kinsmen other than children or descendants
    —Hæres suns. In the civil law. A man's own heir; a decedent's proper or natural heir. This name was given to the lineal descendants of the deceased. Inst. 3, 1, 4
    —5.
    —. Haeredes sui et necessarii. In Roman law. Own and necessary heirs; i. the lineal descendauts of the estate-leaver. They were called "necessary" heirs, because it was the law that made them heirs, and not the choice of either the decedent or themselves. But since this was also true of slaves (when named "heirs" in the will) the former class were designated "sui et necessarii," by way of distinction, the word "sui" denoting that the necessity arose from their relationship to the decedent. Mackeld. Rom. Law, § 733.