HEIR, COLLATERAL1. A collateral heir is one who is not of the direct line of the deceased, but comes from a collateral line; as, a brother, sister, an uncle and aunt, a nephew, niece, or cousin of the deceased.
HEIR, CONVENTIONAL, civil law. A conventional heir is one who takes a succession by virtue2 of a contract; for example, a marriage contract, which entitles the heir to the succession.
HEIR, FORCED. Forced heirs are those who cannot be disinherited. This term is used among the civilians3. Vide Forced heirs
HEIR, GENERAL. Heir at common in the English law. The heir at common law is he who, after his father or ancestor's death has a right to, and is introduced into all his lands, tenements4 and hereditaments. He must be of the whole blood, not a bastard5, alien, &c. Bac. Abr. Heir, B 2; Coparceners; Descent.
HEIR, IRREGULAR. In Louisiana, irregular heirs are those who are neither testamentary nor legal, and who have been established by law to take the succession. See Civ. Code of Lo. art. 874. When the deceased has left neither lawful6 descendants nor ascendants, nor collateral relations, the law calls to his inheritance either the surviving hushand or wife, or his or her natural children, or the state. Id. art., 911. This is called an irregular succession.
HEIR AT LAW. He who, after his ancestor's death intestate, has a right to all lands, tenements, and hereditaments, which belonged to him, or of which he was seised. The same as heir general. (q. v.)
HEIR, LEGAL, civil law. A legal heir is one who is of the same blood of the deceased, and who takes the succession by force of law; this is different from a testamentary or conventional heir, who takes the succession in virtue of the disposition8 of man. See Civil, Code of Louis. art. 873, 875; Dict. de Jurisp., Heritier legitime. There are three classes of legal heirs, to wit; the children and other lawful descendants; the fathers and mothers and other lawful ascendants; and the collateral kindred. Civ. Code of Lo. art. 883.
HEIR LOOM9, estates. This word seems to be compounded of heir and loom, that is, a frame, viz. to weave in. Some derive10 the word loom from the Saxon loma, or geloma, which signifies utensils11 or vessels12 generally. However this may be, the word loom, by time, is drawn13 to a more general signification, than it, at the first, did bear, comprehending all implements14 of household; as, tables, presses, cupboards, bedsteads, wainscots, and which, by the custom of some countries, having belonged to a house, are never inventoried15 after the decease of the owner, as chattels16, but accrue17 to the heir, with the house itself minsheu. The term heir looms18 is applied19 to those chattels which are considered as annexed20 and necessary to the enjoyment21 of an inheritance.
2. They are chattels which, contrary to the nature of chattels, descend7 to the heir, along with the inheritance, and do not pass to the executor of the last proprietor22. Charters, deeds, and other evidences of the title of the land, together with the box or chest in which they are contained; the keys of a house, and fish in a fish pond, are all heir looms. 1 Inst. 3 a; Id. 185 b; 7 Rep. 17 b; Cro. Eliz. 372; Bro. Ab. Charters, pl. 13; 2 Bl. Com. 28; 14 Vin. Ab. 291.
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