KFLCC Kingdom Law 2nd Ed.

1119

SUCCESSIO

SUDDEN HEAT OF PASSION

SUCCESSIO. Let In the civil law. A coming in place of another, on his decease; a coming into the estate which a deceased person had at the time of his death. This was either by virtue of an express appoint ment of the deceased person by his will, (ex testamento,) or by the general appointment of law in case of intestacy, (ab intestato.) Inst. 2, 9, 7; Heinecc. Mem. lib. 2, tit 10. SUCCESSION. In tie civil law and in Louisiana. 1. The fact of the transmission of the rights, estate, obligations, and charges of a deceased person to his heir or heirs. 2. The right by which the heir can take possession of the decedent's estate. The right of the heir to step into the place of the deceased, with respect to the possession, con trol, enjoyment, administration, and settle ment of all the latter's property, rights, obli gations, charges, etc. 3. The estate of a deceased person, com prising all kinds of property owned or claim ed by him, as well as his debts and obliga tions, and considered as a legal entity (ac cording to the notion of the Roman law) for certain purposes, such as collecting assets and paying debts. See Davenport v. Adler, 52 La. Ann. 263, 26 South. 836; Adams v. Aker lund, 168 111. 632, 48 N. E. 454; Quarles v. Clayton, 87 Tenn. 308, 10 S. W. 505, 3 L. R. A. 170; State v. Payne, 129 Mo. 468, 31 S. W. 797, 33 L. R. A. 576; Blake v. McCartney, 3 Fed. Cas. 596; In re Headen's Estate, 52 Cal. 298. Succession is the transmission of the rights and obligations of the deceased to the heirs. Succession signifies also the estates, rights, and charges which a person leaves after his death, whether the property exceeds the charges or the charges exceed the property, or whether he has only left charges without any property. The succession not only includes the rights and obligations of the deceased as they exist at the time of his death, but all that has ac crued thereto since the opening of the succes sion, as also the new charges to which it be comes subject. Finally, succession signifies also that right by which the heir can take possession of the estate of the deceased, such as it may be. Civ. Code La. arts. 871-874. Succession is the coming in of another to take the property of one who dies without dis posing of it by will. Civ. Code Cal. § 1383; Civ. Code Dak. § 776. In common law. The right by which one set of men may, by succeeding another set, acquire a property in all the goods, movables, and other chattels of a corporation. 2 Bl. Comm. 430. The power of perpetual succes sion is one of the peculiar properties of a cor poration. 2 Kent, Comm. 267. See PKB PKTtTAIi. —Artificial succession. That attribute of a corporation by which, in contemplation of law, the company itself remains always the same though its constituent members or stockholders may change from time to time. See Thomas v. Dakin, 22 Wend. (N. Y.) 100.— Hereditary succession. Descent or title by descent at common law; the title whereby a man on the

death of his ancestor acquires his estate by right of representation as his heir at law. See In re Donahue's Estate, 36 Cal. 332; Bar clay v. ^ Cameron, 25 Tex. 241.— Intestate succession. The succession of an heir at law to the property and estate of his ancestor when the latter has died intestate, or leaving a will which has been annulled or set aside. Civ. Code La. 1900, art. 1096.— Irregular succes sion. That which is established by law in favor of certain persons, or of the state, in default of heirs, either legal or instituted by testament. Civ. Code La. 1900, art. 878.— Legal succession. That which the law es tablishes in favor of the nearest relation of a deceased person.— Natural succession. Suc cession taking place between natural persons, for example, in descent on the death of an ancestor. Thomas v. Dakin, 22 Wend. (N. Y.) 100.— Succession duty. In English law. This is a duty, (varying from one to ten per cent.,) payable under the statute 16 & 17 Vict. c. 51, in respect chiefly of real estate and lease holds, but generally in respect of all property (not already chargeable with legacy duty) de volving upon any one in consequence of any death. Brown.— Succession tax. A tax im posed upon the succession to, or devolution of, real property by devise, deed, or intestate suc cession. See Ferry v. Campbell, 110 Iowa, 290, 81 N. W. 604; 50 L. R. A. 92; Scholey v. Rew, 23 Wall. 346. 23 L. Ed. 99: State v. Switzler, 143 Mo. 287, 45 S. W. 245, 40 L. R. A. 280, 65 Am. St. Rep. 653; Peters v. Lynchburg, 76 Va. 929.— Testamentary succession. In the civil law, that which re sults from the institution of an heir in a testa ment executed in the form prescribed by law. Civ. Code La. 1900, art. 876.— Vacant succes sion. A succession is called "vacant" when no one claims it, or when all the heirs are un known, or when all the known heirs to it have renounced it. Civ. Code La. art. 1095. Sim mons v. Saul, 138 U. S. 439, 11 Sup. Ct. 369, 84 L. Ed. 1054. One who succeeds to the rights or the place of another; particularly, the person or persons who constitute a cor poration after the death or removal of those who preceded them as corporators. : One who has been appointed or elected to hold an office after the term of the present Incumbent. — Singular successor. A term borrowed from the civil law, denoting a person who suc ceeds to the rights of a former owner in a single article of property, (as by purchase,) as dis tinguished from a universal successor, who suc ceeds to all the rights and powers of a former owner, as in the case of a bankrupt or intestate estate. Succurritur minori; facilis est lapsus juventutis. A minor is [to be] aided; a mistake of youth/ is easy, [youth is liable to err.] Jenk. Cent. p. 47, case 89. In Scotch law. The whole lands astricted to a mill; that is, the lands of which the tenants are obliged to send their grain to that mill. Bell. In the common-law definition of manslaughter, this phrase means an access of rage or anger, sud denly arising from a contemporary provoca tion. It means that the provocation must arise at the time of the killing, and that the SUCCESSOR. SUCKEN, SUCHEN. SUDDEN HEAT OF PASSION.