英文法律词典 H-11

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.