Heir Presumptive

One who, in the present circumstances, would be entitled to the inheritance, but whose rights may be defeated by the contingency of some nearer heir being bom. 2 Bl. Comm. 208. In Louisiana, the presumptive heir is he who is the nearest relation of the deceased capable of inheriting. This qi^ality is given to him before the decease of the person from whom he is to inherit, as well as after the opening of the succession, until he has accepted or renounced it. Civ. Code La. art. 876.

One, who, in the present circumstances, would be entitled to the inheritance, but whose rights may be defeated by the contingency of some nearer heir being born. 2 Bia. Com. 208. In Louisiana, the presumptive heir is he who is the nearest relation of the deceased capable of inheriting. This quality is given to him before the decease of the person from whom he is to Inherit, as well as after the opening of the succession, until he has accepted or renounced it; La. Civ. Code, art 876.

The person who, if the ancestor should die immediately, would, in the present circumstances of things, be his heir, but whose right of inheritance' may be defeated by the contingency of some nearer heir being bom; as a brother or nephew, whose presumptive succession mav be destroyed by the birth of a child. 2 Bl. Comm. 208; 1 Steph. Comm. 358; Jones v. Fleming, 37 Hun (N. Y.) 230.

Defined under Heir in Black's Law Dictionary.

The person who, if the ancestor should die immediately, would, in the present cireumstances of things, be his heir, but whose right of inheritance may be defeated by the contingency of sone nearer lieir being born; as a brother or nephew, whose presumptive succession may be destroyed by the birth of a child. 2 Bl. Comm. 208; 1 Steph. Comm. 358.

A subject-matter of inheritance, but presumptive heir is one who in the not the inheritance itself;. it cannot, present circumstances would be en- therefore, by its own intrinsic force, titled to the inheritance, but whose enlarge an estate, prima facie a life rights may be defeated by the con- estate, intoa fee. 2B. & P. 251; tingency of some nearer heir being 8 T. R. 503; 1 Tho. Co. Litt. 219, born. 2 Bl. Com. 208. In Lou- note T. Hereditaments are divided isiana, the presumptive heir is he into corporeal and incorporeal. Corwho is the nearest relation to the poreal hereditaments are confined to deceased, capable of inheriting. lands, (q- v-) Vide Incorporeal This quality is given to him before hereditaments, and Shep. To. 91; the decease of the person from whom Cruise’s Dig. tit. 1,5. 1; Wood’s he is to inherit, as well after the Inst. 121; 3 Kent, Com. 321; opening of the succession, until he Dane’s Ab. Index, h. t. ‘ HERIOTS, Enel. law, are a render of the best beast or other goods, as the custom may be, to the lord on the death of the tenant. 2 BI. Com. 97. They are usually divided into two sorts, heriot-service, and heriot-custom: the formerare suchas are due upon a special reservation in the grant or lease of lands, and therefore amountto little more than a mere rent; the latter arise upon no special reservation whatsoever, but depend merely upon immemorial usage and custom; these are defined to be a customary tribute of goods and chattels, payable to the lord of the fee, on the decease of the owner of the land. 2 BI. Com. 422; vide Com. Dig. Copyhold, K 18; Bac. Ab. h. t.; 2 Saund. Index, h. t.; 1 Vern. 441. HERMAPHRODITES are persons who have in the sexual organs the appearance of both sexes; they are adjudged to belong to that which prevails in them. Co. Litt. 2, 7; Domat, Lois Civ. lib. 1, t. 2, s. 1, n. 9. The sexual characteristics in the human species, are widely scparate, and the two sexes never, perhaps, united in the same individual. 2 Dunglison’s Hum. Physiol. 304; 1 Beck's Med. Jur. 94 to110. Dr. Wm. Harris in a lecture delivered to the Philadelphia Medical Institute gives an interesting account of a supposed hermaphrodite who came under his own observation in Chester county, Pennsylvania. The individual was called Elizabeth, and till the age of eighteen wore the female dress, when she threw it off, and assumed the name of Rees with the dress and habits of a man: at twenty-five she married a woman, but had no children. Her clitoris was five or six inches long, and in coition, which she greatly enjoyed, she used this instead of the male organ. She lived till she was sixty of a large estate which she had acquired by her industry and enterprise. Medical Examiner, vol. ii p- 314.