APPARENT HEIR, in common language, signifies the eldest son ; or one who, during the ancestor's life time, is likely to be his successor. In this sense, the term is also used in the English law, to denote a person who has an indefeasible right of inheritance.
In the law of Scotland, it is applied to the person to whom the succession has actually opened, until his ser vice or infeftment. An apparent heir is allowed a year to deliberate and determine, whether he shall take up or renounce the succession ; and this term is called the annus deliberandi. During his apparency, the heir is entitled to compel those who are in possession of his ancestor's title-deeds, to produce them, by an action of exhibition ad deliberandum. He may also institute ac tions for the recovery of rents, and may receive and discharge them. But an apparent heir is not entitled to remove tenants, until he has completed his titles.
An estate, in 124creditate jacente, cannot be effectually alienated by the apparent heir ; but such alienation be comes valid, upon his entry, according to the rule : Jus suptrycniens accrescit emptori. Apparent heirs, how ever, are entitled, by the stat. 1695, c. 24., to bring ac tions of sale of the estates belonging to their ancestors, whether bankrupt or not. The expence of such actions ought to fall upon the heir, where there is a surplus of the price ; where there is no surplus, it must be defray ed by the creditors.
Apparent heirs have also a clahn for aliment against life-renters. They may insist in a reduction of death bed deeds ; and the bare right of apparency is sufficient to carry leases, without the necessity of a service. See Ersk. Inst. Bell's Diet. of the Law of Scot. v. ?Ipparent (z)