HEIR

(Lat. ha:res.) In Law, one who succeeds by descent to lands, tenements, and hereditaments. Strictly speaking, a person is not properly called heir in the lifetime of his ancestor; according to the ancient maxim, nemo est htercs viventis. (For the rules which govern this succe ion in England by common law and statute, see Descent.) Heir-apparent is he who (by law or custom) must succeed, by deseent, to the hereditaments, if he survive the present tenant; as, at common law, the eldest son. Heir-presumptive, he who stands nearest in succe ion in the default of an heir-apparent; as an eldest brother where there is no i ue. Heir-at-law, or heir general, is he who succeeds by descent to lands in fee-simple. Heir-special, i ue in tail claiming by the form of the gift (See Fee-Tail.) Heir by custom, he who succeeds to lands or tenements by custom; as all the sons by gavelkind. Heir-male, i. e. the nearest male in the succe ion, is not strictly a term of English law, since lands cannot descend in this way; but some dignities are thus limited. A devisee is sometimes called hnr by devise, or hirres fnctus. Bastards, aliens, persons attaint of treason and felony, cannot be heirs; but idiots and lunatics may. Things that pa with the land, as conditions and covenants real, goods and chattels annexed to the freehold (see Fixtures), and terms of years to attend the inheritance, are in ordinary le gal language said to go to the heir: as also heir-looms, being such goods and chattels as go by special custom along with the inheritance. In Scottish law, the word heir is taken in a larger acceptation, as to personal as well as real froperty. Ileirs-al -law are termed in it heirs whntsomevcr. t recognises several species of heirs: as the heir-active [s. 564]