Blacks Law Dict. 1st ed

557 h'^REDUM APPELLATIONE, ETC.

H^REDES PROXIMI

Hsereditas, alia corporalis, alia lncor poralis; corporalis est, quse tangi potest et videri; incorporalis quse tangi non po test nee videri. Co. Litt. 9. An inherit ance is either corporeal or incorporeal. Cor poreal is that which can be touched and seen; incorporeal, that which can neither be touched nor seen. H.ZEREDITAS DAMNOSA. A burden some inheritance. See DAMNOSA ELERED riAs. Hsereditas est successio in universum jus quod defunctus habuerit. Co. Litt. 237. Inheritance is the succession to every right which the deceased had. H^SREDITAS JACENS. In the civil law. A vacant inheritance. So long as no one had acquired the inheritance, it was termed "hcereditas jacens;" and this, by a legal fiction, represented the person of the decedent. Mackeld. Rom. Law, § 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. In English law. An estate in abeyance; that is, atter the ancestor's death, and before assumption of heir. Co. Litt. 3426. An in heritance without legal owner, and theiefore open to the first occupant. 2 131. Comm. 259. HiEREDITAS LUCTTJOSA. In the civil law. 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, ( turbato ordine mortalitatis.) Cod. 6,25,9; 4 Kent, Comm. 397. Hsereditas nihil ahud est, quam suo cessio in universum jus, quod defunctus habuerit. The right of inheritance is noth ing else than the faculty of succeeding to all the rights of the deceased. Dig. 50, 17, 62. Hsereditas nunquam ascendit. An in heritance never ascends. Glanv. lib. 7, c. 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 & 4 Wm. IV. c. 106, § 6, by which it was abrogated. 1 Steph. Comm. 878. See Broom, Max. 527, 528. Hseredum appellatione veniunt hsere des hseredum in innnitum. By the title of heirs, come the heirs of heirs to infinity. Co. Litt. 9.

the testator's death, he at once became free, but was also obliged to take the succession. HiEREDES PROXIMI. Nearest or next heirs. The children or descendants of the deceased. ICVZEBEDES REMOTIORES. More re mote Xeirs. The kinsmen other than chil dren or descendants. HiEREDES STTI ET NECESSARII. In Roman law. Own and necessary heirs; i. e., the lineal descendants of the estate-leav er. They were called "necessary" heirs, be cause 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 foimer class were designated "sui et neces sorii, " by wry of distinction, the word "sui" denotirg that tho necessity arose from their relationship to the decadent. Mackeld. Rom. Law, § 733. HJEREDIPETA. Lat. In old English law. A seeker of an inheritance; hence, the next heir to lands. Hseredipetse suo propinquo vel extra neo periculoso sane custodi zmllus com mittatur. To the next heir, whether a re lation or a stranger, certainly a dangerous guardian, let no one be committed. Co. Litt. 88*. HiEREDITAS. In Roman law. The hcereditas was a universal succession by law to any deceased person, whether such person had died testate or intestate, and whether in trust (ex fideicommisso) for another or not. The like succession according to Praetorian law was bonorum possessio. The hcereditas was called "jacens," until the hceres took it up, i. e., made his aditio hcereditatis; and such hceret, if a suits hceres, had the right to abstain, (potestcs abstinendi,) and, if an ea> traneua hares, had the right to consider whether he would accept or decline, (potestas dtliberandi,) the reason for this precaution being that (prior to Justinian's enactment to the contrary) a hceres after his aditio was liable to the full extent of the debts of the 4ece&&9d person, and could have no relief the?&frcm, except in the case of a damnum emergens or damnosa hareditas, i. e., an hmraditus which disclosed (after the aditio) «oottenormous unsuspected liability. Brown. In old English law. An estate trans missible by descent; an inheritance. Co. Litt. 9.

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