Legal Term Dictionary

Lat. This is an agreement. Words with which agreements anciently commenced. Yearb. H. 6 Edw. II. 191.

Lat. This is an agreement. Words with which agreements anciently commenced. Yearb. H. 6 Edw. II. 191. Less...

L. Lat. This is the final agreement. The words with which the foot of a fine commenced. 2 Bl. Comm. 351.

L. Lat. This is the final agreement. The words with which the foot of a fine commenced. 2 Bl. Comm. 351. Less...

In Gothic law. A tribunal answering to the English court-leet.

In Gothic law. A tribunal answering to the English court-leet. Less...

An ancient writ that lay for the lord, who, having by right the wardship of his tenant under age, could not obtain his person, the same being carried away by another person. Old Nat Brev. 93.

An ancient writ that lay for the lord, who, having by right the wardship of his tenant under age, could not obtain his person, the same being carried away by another person. Old Nat Brev. 93. Less...

An ancient writ, directed to the sheriff, to require one that had the body of an heir, being in ward, to deliver him to the person whose ward he was by reason of his land. Reg. Orig. 161.

An ancient writ, directed to the sheriff, to require one that had the body of an heir, being in ward, to deliver him to the person whose ward he was by reason of his land. Reg. Orig. 161. Less...

An ancient writ that lay for the ravishment of the lord's ward. Reg. Orig. 163. Haeredem Dens faoit, non homo. God makes the heir, not man. Co. Litt 7b.

An ancient writ that lay for the ravishment of the lord's ward. Reg. Orig. 163. Haeredem Dens faoit, non homo. God makes the heir, not man. Co. Litt 7b. Less...

Lat. In the civil law. Heirs. The plural of hares, (q. v.)

Lat. In the civil law. Heirs. The plural of hares, (q. v.) Less...

Lat. In old English law. A seeker of an inheritance; hence, the next heir to lands. Haerdipite suo propinqno vel antra-neo perionloso sane custodi nnUns eon mittatnr. To the next heir, whether a relation or a stranger, certainly a dangerous guardian, let no one be committed. Co. Litt 88b.

Lat. In old English law. A seeker of an inheritance; hence, the next heir to lands. Haerdipite suo propinqno vel antra-neo perionloso sane custodi nnUns eon mittatnr. To the next heir, whether a relation or a stranger, certainly a dangerous guardian, let no one be committed. Co. Litt 88b. Less...

In Roman law. The hareditas was a universal succession by law to any deceased person, whether such person had died testate or intestate, and whether in trust (ex ftdeicommisso) for another or not The like succession according to Praetorlan law was honorum possessio. The hareditos was called "jaceaa," until the More...

In Roman law. The hareditas was a universal succession by law to any deceased person, whether such person had died testate or intestate, and whether in trust (ex ftdeicommisso) for another or not The like succession according to Praetorlan law was honorum possessio. The hareditos was called "jaceaa," until the hares took it up, i. e., made his aditio hareditatis; and such hares, if a suus hares, had the right to abstain, (potestas abstinendi,) and. if an extraneua hares, had the right to consider whether he would accept or decline, (potestas deliberandi,) the reason for this precaution being that (prior to Justinian's enactment to the contrary) a hares after his aditio was liable to the full extent of the debts of the deceased person, and could have no relief therefrom, except in the case of a damnum emergens or damnosa hareditas, i. e., an hareditus which disclosed (after the aditio) some enormous unsuspected liability. Brown. In old English law. An estate transmissible by descent; an inheritance. Co. Litt. 9. -Haereditas damnosa. A burdensome inheritance; one which would be a burden instead of a benefit, that is. the debts to be paid by the heir would exceed the assets.-Hsereditas jacens. A vacant inheritance. So long as no one had acquired the inheritance, it was termed "hareditas jacens;" and this, by a legal fiction, represented the person of the decedent. Mackeld. Rom. Law, s 737. The estate of a person deceased, where the owner left no heirs or legatee to take it, called also "caduca;" an escheated estate. Cod. 10, 10, 1; 4 Kent, Comm. 425. The term has also been used in. English law to signify an estate in abeyance; that is, after the ancestor's death, and before assumption of heir. Co. Litt. 8426. An inheritance without legal owner, and therefore open to the first occupant 2 Bl. Comm. 259. -Haereditas legitime. A succession or inheritance devolving by operation of law (intestate succession) rather than by the will of the decedent. Mackeld. Rom. Law, s 654. -Hsereditas luetuosa. A sad or mournful inheritance or succession; as that of a parent to the estate of a child, which was regarded as disturbing the natural order of mortality. iturbato ordine mortalitatis.) Cod. 6, 25, 9; 4 Kent, Comm. 397.-Haereditas testamen-taria. Testamentary inheritance, that is, succession to an estate under and according to the last will and testament of the decedent Mackeld. Rom. Law, s 654. Hsereditas, alia oorporalis, alia inoor-poralis; oorporalis est, quse tangi potest et videri; ineorporalis quse tangi non potest nee vlderi. Co. Litt. 9. An inheritance is either corporeal or incorporeal. Corporeal Is that which can be touched and seen; incorporeal, that which can neither be touched nor seen. Haereditas est sneeessio in nniversnm Jns qnod defnnetns nabnerit. Co. Litt 237. Inheritance is the succession to every right which the deceased had. Haereditas nihil alind est, qnam sneeessio in nniversnm jns, qnod defnnetns nabnerit. The right of inheritance Is nothing else than the faculty of succeeding to all the rights of the deceased. Dig. 50,17, 62. Hsereditas nnnqnam aseendlt. An inheritance never ascends. Olanv. lib. 7, a 1; 2 Bl. Comm. 211. A maxim of feudal origin, and which invariably prevailed in the law of England down to the passage of the statute" 3 A 4 Wm. IV. c. 106. " 6, by which it was abrogated. 1 Steph. Comm. 378. See Broom, Max. 527, 52a" Haerednm appellatione veniunt nsere-dea luerednm in infinitum. By the title of heirs, come the heirs of heirs to infinity. Co. Litt 9. Less...

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 More...

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 hares, in Roman law, were much more closely assimilated to those of a modern executor than to those of an heir at law. Hence "heir" is not at all an accurate translation of "hares," 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. -Haeres astrarlus. In old English law. An heir in actual possession.-Hseres 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. -Hseres en asse. In the civil law. An heir to the whole estate; a-sole heir. Inst. 2, 23, 9.-Hseres extraaeus. 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 subjeeti non sunt, extranei haredes appeUantur. Inst 2, 19, 8.-Haeres factns. In the civil law. An heir made by will; a testamentary heir; tbe person created universal successor by will. Story, Confl. Laws, 507 ; 3 Bl. Comm. 224. Otherwise called "hares ex testamento." and "hares institutus." Inst 2, 9, 7; Id. 2. 14.-Haeres fideioommissarins. In the civil law. The person for whose benefit an estate was given to another (termed "hares fiduciarius" (q. v.) by will. Inst 2, 23, 6, 7, 9. Answering nearly to the cestui que trust of the English law.-Hseres ndueiarius. A fiduciary heir, or heir in trust; a person constituted heir by will, in trust for tbe benefit of another, called the "fidcicommissarivs."-Haeres institutus. A testamentary heir; one appointed by the will of the decedent.-Haeres egitimns. A lawful heir; one pointed out as such by the marriage of his parents.-Haeres natns. In the civil law. An heir born; one born heir, as distinguished from one made heir, (hecrcs 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.-Haeres necessarins. 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, l.-Haeredes proximi. Nearest or next heirs. The children or descendants of the deceased.-Haeres rectus. In old English law. A right heir. Fleta, lib. 6, c. .1. | ll.- Has redes remotiores. More remote heirs: The kinsmen other than children or descendants.-Haeres snus. 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 sni et necessarii. In Roman law. Own: and necessary heirs; t. e., the lineal descendants 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 "aui ei necesaarii" by way of distinction, the word "osi" denoting that the necessity arose from their relationship to the decedent. Mackeld. Rom. Law, 733. Haeres est alter ipse, et Alius est pars patria. An heir is another self, and a son Is part of the father. 3 Goke, 12b. Haeres est aut jure proprietatis aut jure representationis. An heir is either by right of property, or right of representation. 3 Coke, 40b. Hseres est eadem persona onm antecessors. An heir is the same person with his ancestor. Co. Litt 22; Branch, Princ. See Nov. 48, c. 1, | L Hseres est nomen colleetivum. "Heir" is a collective name or noun. 1 Yent 215. Haeres est nomen juris; Alius est nomen naturae. "Heir" is a name or term of law; "son" is a name of nature Bac Max. 52, in reg. 11. Hseres est pars anteeessoris. An heir is a part of the ancestor. So said because the ancestor, during his life, bears in his body (in judgment of law) all his heirs. Haeres hseredis mei est mens haeres. The heir of my heir is my heir. Haeres legitimus est quern nuptise de-monstrant. He is a lawful heir whom marriage points out as such; who Is born in wedlock. Co. Litt. 7b; Bract fol. 88; Fleta, lib. 6 c 1; Broom,.Max. 515. Haeres minor uno et viginti annis non respondebit, nisi in casn dotis. Moore, 348. An heir under twenty-one years of age is not answerable, except in the matter of dower. Haeres non tenetur in Anglia ad debita anteeessoris reddenda, nisi per antecessor em ad boo fnerit obligatus, nrseter-quam debita regis tantum. Co. Litt 386. In England, the heir is not bound to pay his ancestor's debts, unless he be bound to it by the ancestor, except debts due to the king. But now, by 3 A 4 Wm. IV. c 104, he is liable. Less...