Blacks Law Dict. 1st ed

558

HJERES NON TENETUR, ETC.

BLERES

was not subject to the power of the testator,, or person who made him heir. Qui testa toris juri subjecti non sunt, extranet hceredes appellantur. Inst. 2, 19, 3. H-ffiJRES FACTUS. In the civil law. An heir made by will; a testamentary heir; the person created universal successor by will. Story, Confl. Laws, § 507; 3 Bl. Coinm.. 224. Otherwise called "hceres ex testamen to," and "hceres institutes." Inst. 2, 9, 7; Id. 2, 14. H51RES FIDEICOMMISSARIUS In the civil law. The person for whose ben efit an estate was given to another (termed "hceres ftduciarius," (q. v.) by will. Inst. 2, 23, 6, 7, 9. Answering nearly to the ces tui que trust of the English law. H-EJRES FIDUCIARIUS. A fiduciary heir, or heir in trust; a person constituted heir by will, in trust for the benefit of an other, called the "fideicommissarius." Hseres hseredis mei est meus hseres* The heir of my heir is my heir. LEGITIMUS. A lawful heir; one pointed out as such by the marriage of his parents. Hseres legitimus est quern nuptiSB de monstrant. He is a lawful heir whom mar* riage points out as such; who is born in wed lock. Co. Litt. 76; Bract. foL 88; Fleta,. lib. 6, c. 1; Broom, Max. 515. Hseres minor uno et viginti annis non respondebit, nisi in casu dotis. Moore, 348. An heir under twenty-one years of age is not answerable, except in the matter of dower. NATUS. In the civil law. An heir born; one born heir, as distinguished from one made heir, (hceres factus, q. v.;} an heir at law, or by intestacy, (ab intestato;) the next of kin by blood, in cases of intestacy. Story, Confl. Laws, § 507; 3 Bl. Coinm. 224. HiERES NECESSARIUS. In the civil law. A necessary or compulsory heir. This name was given to the heir when, being a slave, he was named "heir" in the testament, because on the death of the testator, whether he would or not, he at once became free, and was compelled to assume the heirship. Inst. 2, 19, 1. Hseres non tenetur in Anglia ad deb ita antecessoris reddenda, nisi per an tecessorem ad hoc fuerit obligatus, prse terquam debita regis tantum. Co. Litt.

H2ERES. In Roman law. The heir, or universal successor in the event of death. The heir is he who actively or passively suc ceeds to the entire property of the estate leaver. He is not only the successor to the rights and claims, but also to the estate-leav er's debts, and in relation to his estate is to be regarded as the identical person of the es tate-leaver, inasmuch as he represents him in all his active and passive relations to his estate. Mackeld. Bom. Law, § 651. It should be remarked that the office, powers, and duties of the hceres, in Roman law, were much more closely assimilated to those of a mod ern executor than to those of an heir at law. Hence "heir" is not at all an accurate translation of "ticeres, " unless it be understood in a special, technical sense. In common law. An heir; he to whom lands, tenements, or hereditaments by the act of God and right of blood do descend, of some estate of inheritance. Co. Litt. 7b. HJBRES ASTRARIUS. In old English law. An heir in actual possession. HiERES DE FACTO. In old English law. Heir from fact; that is, from the deed or act of his ancestor, without or against right. An heir in fact, as distinguished from an heir de jure, or by law. Hseres est alter ipse, et fllius est pars patris. An heir is another self, and a son is part of the father. 3 Coke. 126. Hseres est aut jure proprietatis aut jure representatioms. An heir is either by right of property, or right of representa tion. 3 Coke, 406. Hseres est eadem persona cum ante cessore. An heir is the same person with his ancestor. Co. Litt. 22; Branch, Frinc. See Nov. 48, c. 1, § 1. Hseres est nomen collectivum. "Heir" is a collective name or noun. 1 "Vent. 215. Heeres est nomen juris; fllius est no men naturae. "Heir" is a name or term of law; "son" is a name of nature. Bac. Max. 52, in reg. 11. Hseres est pars antecessoris. An heir is a part of the ancestor. So said because the ancestor, during his life, bears in his body (in judgment of law) all his heirs. EX ASSE. In the civil law. An heir to the whole estate; a sole heir. Inst. 2. 23, 9. HJERES EXTRANEUS. In the civil law. A strange or foreign heir; one who

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