Heirship

“ Well, then, granting that all these things have been well and rightly disposed of and settled, and that they have continued in that condition for a very long time, how shall we deal with one who presents himself well-nigh three hundred years after, and sets up his claim to the heirship? ”

“ If there was a delay in proving heirship or paying relief, the lord would hold the land and receive its income in the meantime, often a year. If an heir was still a minor or female, he or she passed into his lord's wardship, in which the lord had guardianship of the heir and possession of the estate, with all its profits. A female heir was expected to marry a man acceptable to the lord. The estate of an heiress and her land was generally sold to the highest bidder. If there were no heirs, the land escheated to the lord. If a tenant committed felony, his land escheated to his lord. ”

“ The mark used to signify a lack of blood relationship, and a mark used to signify illegitimacy are each termed a "mark of distinction," i.e. a mark that shall make something plainly "distinct." What is that something? The fact that the use of the arms is not evidence of descent through which heirship can be claimed or proved. This, by the way, is a patent example of the advantage of adherence to precedent.
The inevitable conclusion is that a bastard was originally only required to mark his shield sufficiently that it should be distinctly apparent that heirship would never accrue. ”

“ If the estate is derived, to the intestate, by descent, gift or devise; but not derived from a parent, or other kindred; he is made the stock of inheritance, and his next of kin is made his heir at law. But if the estate is derived to him, from a parent or other kindred by descent or devise, then the person from whom it came or descended is made the stock of inheritance; and the next of kin, who is of the blood of that person, is made the heir at law. ”

“ We also have granted to all the freemen of our kingdom, for us and for our heirs for ever, all the underwritten liberties, to be had and holden by them and their heirs, of us and our heirs for ever; If any of our earls, or barons, or others, who hold of us in chief by military service, shall die, and at the time of his death his heir shall be of full age, and owe a relief, he shall have his inheritance by the ancient relief--that is to say, the heir or heirs of an earl, for a whole earldom, by a hundred pounds ”

“ They become virtually the property of their employers, the purchase-money ranging from a few scores to thousands of dollars. In the absence, therefore, of a son by the wife, the eldest son of one of the handmaids is regarded as the heir. If the heir lives to have a family of his own, but predeceases his father, his eldest son becomes the heir to the sacrificial property; if he predeceases his father, and leaves no family, the son next in order of age inherits; but if a man has no son, either by his wife or his handmaids, it is competent for him to adopt one of his brother's sons as his heir. ”

“ If a woman's husband die, and leave her without children, let his brother marry her, and let him call the son that is born to him by his brother's name, and educate him as the heir of his inheritance, for this procedure will be for the benefit of the public, because thereby families will not fail, and the estate will continue among the kindred; and this will be for the solace of wives under their affliction, that they are to be married to the next relation of their former husbands. ”

“ Adhering to the use of the phrase in popular language, we must take, as the only circumstances under which the next heir-substitute and the heir-apparent are one and the same person, the case in which the first estate under the entail is limited to a man and the heirs of his body, and the second to his second son and the heirs of his body; then, supposing the eldest son to die in the lifetime of his father, the second son would be both the next heir-substitute and also the heir-apparent. ”

“ He is the descendant of a younger son of that family, to whom the estate devolved about a century ago, although at that time there was search for the heirs of the elder son, who had disappeared after the bloody incident which I related to you. Now, singular as it may appear, at this late day, a person claiming to be the descendant and heir of that eldest son has appeared, and if I may credit my friend's account, is disposed not only to claim the estate, but the dormant title which Eldredge himself has been so long preparing to claim for himself. Singularly enough, too, the heir is an American. ”

“ These are the particulars which the barons demand, signed with K. John’s seal.
Heirs of full age shall have their inheritance after the decease of their ancestors, paying the antient relief to be expressed in the charter.
Heirs within age, and that have been in ward, shall have their inheritance, when they come at age, without paying relief or making fine.
The guardian of an heir’s land shall take the reasonable issues, customs, and services, without the destruction or waste of his men or goods. ”

“ Heir general, or heir at law, he who after the death of his ancestor has, by law, the right to the inheritance.
Heir presumptive, one who is next in succession, but whose right is defeasible by the birth of a nearer heir, e.g. a brother or nephew, whose presumptive right may be destroyed by the birth of a child, or a daughter, whose right may be defeated by the birth of a son. ”

“ Are we not nearer kin than two persons ever were on earth before? What have been the claims of all other heirs since property was inherited compared with yours? Have I not inherited from you all I am--my very personality--and should not you be my heir? ”

“ II., therefore, after reciting the act of William, declares, that it shall not be construed to give any right or title to any persons to inherit as heirs, &c. by enabling any such persons to claim, or derive their pedigree, through any alien ancestor, unless the persons so claiming 'were, or shall be, in being, and capable to take the same estate as heir or heirs, &c. by virtue of the said statute, at the death of the person who shall last die seised,' and to whom they shall claim to be heir or heirs. ”

“ Now these expressions plainly indicate, not that the land has descended to the party as heir, but that it is granted to him so absolutely that it may descend to his heir; in other words, that an estate of inheritance, and not merely for life or for years, is granted by the deed. ”

“ And I will that every child be his father’s heir after his father’s day. And I will not suffer that any man do you wrong. And God you keep.’ As every child was to be his father’s heir (not his or her father’s) , it is clear that the custom referred to was the old Kentish custom of partible inheritance among sons. This custom of dividing the property among the sons was also the custom of the ancient manors of Stepney, Hackney, Canonbury or Canbury, Newington Barrow or Highbury, Hornsey, and Islington. ”

“ But God not having any where said, the next heir shall inherit all his father’s estate or dominion, we are not to wonder, that he hath no where appointed who that heir should be; for never having intended any such thing, never designed any heir in that sense, we cannot expect he should any where nominate, or appoint any person to it, as we might, had it been otherwise. And therefore in scripture, though the word heir occur, yet there is no such thing as heir in our author’s sense, one that was by right of nature to inherit all that his father had, exclusive of his brethren. ”

“ And if any of the sons or daughters shall be found to have another lot of land in the country, which has accrued after the testament has been made, they shall leave the lot which they have inherited to the heir of the man who has made the will. If the testator has no sons, but only daughters, let him choose the husband of any one of his daughters whom he pleases, and leave and inscribe him as his son and heir. ”

“ Bought servants were often actually, or prospectively, heirs of their master's estate. Witness the case of Eliezer, of Ziba, of the sons of Bilhah, and Zilpah, and others. When there were no sons to inherit the estate, or when, by unworthiness, they had forfeited their title, bought servants were made heirs. Proverbs xvii. 2. We find traces of this usage in the New Testament. "But when the husbandmen saw him, they reasoned among themselves, saying, this is the heir, come let us kill him, that the inheritance may be ours." ”

“ Secondly, The tenure by which they shall hold and possess it is very good, they shall come and inherit it. What we come to by inheritance, is not got by any procurement of our own, but purely, as the lawyers express it, by the act of God. It is God that makes heirs, heirs of heaven. We come to an inheritance by virtue of our sonship, our adoption; if children, then heirs. A title by inheritance is the sweetest and surest title; it alludes to possessions in the land of Canaan, which passed by inheritance, and would not be alienated longer than to the year of Jubilee. ”

“ The male member of the family inherits, but he does so only as the son of a female member of the family through whom he may justly claim kinship, or, to put it in another form, a man's natural heir is not his son, or his brother's son, or the descendant of a common male ancestor, but his sister's, or his sister's daughter's son, or the descendant of a common female ancestress. ”

“ By acting as heir is mean, for instance, using things belonging to the inheritance as one's own, or selling them, or cultivating or giving leases of the deceased's estates, provided only one expresses in any way whatsoever, by deed or word, one's intention to accept the inheritance, so long as one knows that the person with whose property one is thus dealing has died testate or intestate, and that one is that person's heir. ”

“ At the same time there can be no doubt that the headship of a family must rest with the heir male, and consequently it would seem that in those cases in which the supporters are borne by right of being head of a clan or chief of a name, the right of inheritance would devolve upon the heir male. ”

“ As you are aware there is no heir to the title or estate. I had the misfortune to beget a creature who calls himself the Master of Drummuir and is not the master of anything. Then there is Peter, a promising boy whom you have ruined by providing him with an attachéship at Vienna, a place which did for his uncle whom he greatly resembles. The accounts of the physician concerning his health are simply disastrous. He has narrowly escaped an asylum for life. This being so, it is imperative that you shall marry and produce an heir for the estate. ”

“ It is to the first-born, whether a boy or a girl, that the inheritance is transmitted, and he or she is forbidden to abandon it. At the time of marriage the husband or wife must take the name of the heir or heiress who marries and personifies the property. ”

“ It is a claimant to the estate has arisen, an heir whose rights take precedence of their father's; in fact, the grandfather had been privately married early in life, and had a son of whom nothing was heard for years, but who married and left a boy, who, on attaining manhood, preferred his claim to the property. ”

“ Whoever inherits the property, if he be a brother or a brother’s or sister’s son, must either marry the widow or pay an indemnity to her relatives. In case the heir is already married, the next in succession takes her ”

“ If this man and woman have a daughter old enough to officiate for her grandmother, she is a blood relation, and is the heir, and can act; but if there is no daughter, the man's wife can be appointed as the heir. ”

“ To act as heir, in fact, is to act as owner, and the ancients often used the term 'heir' as equivalent to the term 'owner.' And just as the mere intention to accept makes an external heir heir, so too the mere determination not to accept bars him from the inheritance. ”

“ And if any Inheritance, whereof but one Suit is due, descend unto many Heirs, as unto Parceners, whoso hath the eldest Part of the Inheritance, shall do that one Suit for himself and his Fellows, and the other Coheirs shall be Contributaries, according to their Portion, for doing such Suit.
(6) And if many Feoffees be seised of an Inheritance, whereof but one Suit is due, the Lord of the Fee shall have but that one Suit; and shall not exact of the said Inheritance, but that one Suit, as hath been used to be done before. ”

“ In the case of a Catholic possessing real or personal property, and all his children being Catholic, the estate was to be divided equally among all the children; but if the eldest son should conform within twelve months after the death of his father, or if under age, twelve months after coming of age, he might take the estate as heir at law. ”