Inheritance law

“ Consequently, if a man die leaving two children, one emancipated, and the other in his power at the time of his decease, the latter is sole heir by the civil law, as being the only family heir; but through the former's being admitted to part of the inheritance by the indulgence of the praetor, the family heir becomes heir to part of the inheritance only. ”

“ But as to all estates derived to the intestate from parent or other kindred, by descent, gift, or devise; the statute makes the person, from whom the estate came or descended, the stock of inheritance; and it makes the next of kin to the intestate, who is of the blood of that person, the heir at law. Now, it is inquired, what possible object could there have been for this distinction, but that of keeping the family inheritance in the blood of the family?But further, the same distinction is made between estates derived, and derived in the same manner too, to the intestate. ”

“ This verse of the Aqdas introduces a lengthy passage in which Bahá’u’lláh elaborates the Bahá’í law of inheritance. In reading this passage one should bear in mind that the law is formulated with the presumption that the deceased is a man; its provisions apply, mutatis mutandis, when the deceased is a woman.
The system of inheritance which provides for distribution of the deceased’s estate among seven categories of heirs (children, spouse, father, mother, brothers, sisters, and teachers) is based on the provisions set out by the Báb in the Bayán. ”

“ Sometimes they do not inherit, but transmit a right of inheritance to their male issue. Sometimes they succeed to one kind of property, for the most part movable property, which they probably look a great share in producing by their household labour; for example, in the real Salic law (not in the imaginary code) there is a set of rules of succession which, in my opinion, clearly admit women and their descendants to a share in the inheritance of movable property, but confine land exclusively to males and the descendants of males. ”

“ At the Revolution of 1789-93, it will be recollected that the laws of primogeniture were overthrown, and it was ordained that in future every man's property should be divided equally among his children at his death: there can be no doubt that considerations of justice and humanity were at the foundation of this new law of inheritance. ”

“ If he does not possess these relatives, then his father's or mother's sister, and thereafter relatives up to the fifth `joint', whoever are the nearest in relationship, shall succeed by the law of inheritance. While the male line subsists, and the inheritance descends from that side, a woman shall not succeed. "The first born son shall have the father's ancestral fee' the latter shall give any purchases or subsequent acquisitions of his to whomever he pleases." ”

“ The law of inheritance is greatly in favor of sons, and daughters are frequently entirely excluded from participation in the heritage, or their share is reduced to one-half or one-third of the son's inheritance. ”

“ The remaining half the father shall reserve for himself during his lifetime, and, after his death, it shall descend to his children. This same regulation shall apply also to grandchildren. When the father has alienated any of the aforesaid property, or has retained it beyond the time prescribed by law, everything belonging to his children by right of inheritance from their mother, shall be given to them, at once, by way of complete restitution. ”

“ The rule of law, however, is established and certain, that express words of limitation or words tantamount are necessary to pass an estate of inheritance.' And he hence concluded that words tending to disinherit the heir at law, unless the estate is given to some one else were not sufficient to prevent the heir from taking. ”

“ The rule in such cases is, that where the marriage is valid by the lex loci, it will generally be held (not universally) valid everywhere for the purposes of inheritance. If invalid there, it will generally (not universally) be held invalid everywhere. But in either case, the exceptions grow out of law. They must be shown to exist as such, before the right of heirship can be excluded. ”

“ When the law of inheritance permits, still more when it decrees, the equal division of a father's property among all his children, its effects are of two kinds: it is important to distinguish them from each other, although they tend to the same end. ”

“ The heir has the advantage of sustaining his ancestor's and the right is acquired.
LECTURE X. — SUCCESSIONS INTER VIVOS
I now reach the most difficult and obscure part of the subject. It remains to be discovered whether the fiction of identity was extended to others besides the heir and executor. And if we find, as we do, that it went but little farther in express terms, the question will still arise whether the mode of thought and the conceptions made possible by the doctrine of inheritance have not silently modified the law as to dealings between the living. ”

“ Legacies cannot be made to a larger amount than one-third of the testator's estate without the consent of the heirs.
3. A legacy cannot be left to one of the heirs without the consent of the rest.
4. There is this difference between the property which is the subject of inheritance and that which is the subject of legacy. The former becomes the property of the heir by the mere operation of law; the other does not become the property of the legatee until his consent shall have been obtained either expressly or impliedly. ”

“ The law of inheritance for people of distinction differs from that of the kings in the fact that the eldest son inherits by right of primogeniture, and succeeds to all his father’s property, wives and slaves. He generally allows his mother a separate establishment and maintenance and finds employment and maintenance for his father’s other wives in the family residence. ”

“ When the phenomena of primitive societies emerge into light, it seems impossible to. dispute a proposition which the jurists of the 17th century considered doubtful, that Intestate Inheritance is a more ancient institution than Testamentary Succession. As soon as this is settled, a question of much interest suggests itself, how and under what conditions were the directions of a will first allowed to regulate the devolution of authority over the household, and consequently the posthumous distribution of property. ”

“ A leysing’s inheritance shall be taken to the ninth knee before it falls to the king. When a leysing’s son takes after his father, then let one take after the other. If in a leysing’s kin there comes to be an ‘all-dead’ inheritance, and no one has inheritance-right after the deceased man of the leysing’s kin, then one of his master’s kin shall take to the ninth knee before it falls to the king, even though the deceased man be the eighth from the leysing. ”

“ These varied and often strict limitations of the right of private property are all determined by some thought, wise or foolish, of social expediency.
[Pg 369]
Limitation of right of inheritance
4. The law of inheritance varies greatly with time and place. Inheritance, in contrast with bequest, usually means succession to the property of one who has died intestate, that is, has made no will. The old idea of family unity survives in great measure in modern laws of inheritance. The nearest living relatives, no matter how distant they may be, inherit property when there is no will. ”

“ But however we may admit that the offspring of incest may, under this act of 1825, be recognised in point of parentage as to the mother, and may inherit her estate from her or from one another, is collateral inheritance, as here claimed, allowed under it? The act declares that the illegitimate children of any female may 'inherit' real estate from her and from each other. The term 'inherit' has a technical meaning, and has regard to the principles which at common law regulate the derivation of estates by descent. ”

“ Hayes, Serjt., for the defendant. First, the 2nd section of the Inheritance Act was never intended to alter the law in cases which were plain before it passed, but only to lay down rules for tracing the descent in cases where any doubt existed : Cooper v. France (19 L. J. Chan. 313) . The rule "that in every case the descent shall be traced from the purchaser," is merely affirmative of the common law. No collateral heir could ever inherit unless he claimed through the common ancestor. ”

“ A succession is acquired by the legal heir, who is called by law to the inheritance, immediately after the death of the deceased person to whom he succeeds. This rule applies also to testamentary heirs, to instituted heirs, and universal legatees, but not to particular legatees. ”

“ If said parents should die intestate, then such other of their relatives as are next of kin shall be entitled to the aforesaid property. Thus, if after the death of a child, the father should inherit its estate, and should die intestate, the inheritance shall belong to those heirs who are entitled to it by law. In like manner, if the mother should inherit the estate of her deceased child, and should die intestate, all interest in that estate shall belong to her nearest heirs ”

“ Bahá’u’lláh clarifies various aspects of this part of the law of inheritance. He specifies that if there be more than one residence, the principal and most important one passes to the male offspring. The remaining residences will, together with the other possessions of the deceased, have to be divided among the heirs (Q and A 34) , and He indicates that in the absence of male offspring, two thirds of the principal residence and the personal clothing of the deceased father will revert to the female issue and one third to the House of Justice (Q and A 72) . ”

“ Inheritance is in some sort a legal and fictitious continuation of the personality of the dead man, for the representative is in some sort identified by the law with him whom he represents. The rights which the dead man can no longer own or exercise in propria persona, and the obligations which he can no longer in propria persona fulfil, he owns, exercises, and fulfils in the person of a living substitute. ”

“ Another explanation is that estates were granted to be descendible in the same way as an ancient inheritance, which having passed from father to son ex necessitate went to collaterals on failure of issue of the person last seized. 6. The sixth rule is thus expressed by Joshua Williams in his treatise on The Law of Real Property:—
“The father and all the male paternal ancestors of the purchaser and their descendants shall be admitted before any of the female paternal ancestors or their heirs ”

“ Chapter II. OF INHERITANCE ACCORDING TO THE IMAMIYA, OR SHIA DOCTRINE 1. According to the tenets of this Sect, the right of inheritance proceeds from three different sources.
2. First, it accrues by virtue of consanguinity. Secondly, by virtue of marriage. Thirdly, by virtue of Willa. [7]
3. There are three degrees of heirs who succeed by virtue of consanguinity, and so long as there is any one of the first degree, even though a female, none of the second degree can inherit; and so long as there is any one of the second degree, none of the third can inherit. ”

“ But the supreme court held that an inheritance tax is a tax, not upon property, but on the succession, and that the right to take property by devise or descent is the creature of the law, a privilege, and that the authority which confers the privilege may impose conditions upon it. ”

“ Purchase, in opposition to descent, is taken largely: if an estate comes to a man from his ancestors without writing, that is a descent; but where a person takes an estate from an ancestor or others, by deed, will, or gift, and not as heir-at-law, that is a purchase. This explanation might be extended, but it is not necessary to carry it farther for the purpose of Mr. Halliwell's inquiry.
Charlecote.
The word "inheritance" was used for hereditament, the former being merely the French form, the latter the Latin. ”

“ Moses brought before God, and received instructions in reply to give the daughters of Zelophehad an inheritance among the brethren of their father, as they had spoken right. Further instructions were added afterwards in Num 36:1-13 in relation to the marriage of heiresses.
verses 8-11verses 8-11
On this occasion God issued a general law of inheritance, which was to apply to all cases as “a statute of judgment” (or right) , i.e., a statute determining right. If any one died without leaving a son, his landed property was to pass to his daughter (or daughters) ”

“ And if neither father nor mother in whom these rights are vested, should leave any children, the entire inheritance shall be divided among the other descendants; but they shall not have the power to give to each grandchild more than the third part of the aforesaid property. ”

“ If a man should die intestate, his children shall stand first in the order of succession; if there are no children, the inheritance shall descend to the grandchildren; if there are no grandchildren, then the great-grandchildren shall have a right to it; and if the decedent should leave neither children nor grandchildren, nor father nor mother, then his grandfather or grandmother, should either be living, may claim the inheritance of his estate. ”

“ In Prance, article 913 of the civil code forbids the father to dispose, by gift while living, or by will, of more than one-half of the property, if he leaves at his death but one legitimate child; more than one-third, if he leaves two children; more than one-fourth, if he leave three or more children. In the United States great testamentary freedom prevails, and the laws of inheritance belong to the province of the various States. ”